Punishment should conform to the crime:SC

By Staff
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Google Oneindia News

New Delhi, Dec 3 (UNI) The Supreme Court has held that any leniency shown to a criminal on account of lapse of time, shall prove to be counter-productive in the long run.

A bench comprising Mr Justice Arijit Pasayat and Mr Justice S H Kapadia in the judgment on November 30 has observed that imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise.

''The social impact of the crimes where it relates to offences against women, dacoity, kidnapping, misappropriation of public money and other offences involving moral turpitude or moral deliquency which have great impact n social orderand public interest cannot be lost sight of and per se require exemplary treatment,'' the court said.

Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences will be counter prodcutive in the long run and against societal interests which needs to be cared for and strengthened by a string of deterrence in built in the sentencing system, they added.

The respondent, Kedar Yadav, had attacked the victim Parvat Singh with an axe causing grievous injuries and also multiple fractures.

The trial court holding the respondent guilty of an offence of attempt to murder sentenced him to ten years' rigorous imprisonment along with a fine of Rs 1000.

Madhya Pardesh High Court however reduced the sentence as already undergone, and set him free. Yadav had only served one year and three months' sentence.

The apex court, however, allowed the appeal of the state of MP and set aside the high court judgment to the extent of reducing it.

The apex court directed that the respondent shall undergo a custodial sentence of three years subject to such remissions as may be available in law. Additionally, he shall pay a fine of Rs 10,000 within three months.

In case of default, he will undergo additional one year's sentence. Out of the fine, Rs 8000 shall be paid to the victim.

The apex court concluded by saying, ''The court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong.'' The punishment to be awarded for a crime must not be irrelevant.

It should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated. It should respond to the society's cry for justice against the criminal, the court added.

UNI AKS/SC MSJ ND1042

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