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A bench of Justice N.V. Ramana and Justice Mohan M. Shantanagoudar, expressed shock over the decision rendered by the Rajasthan HC that reduced the sentence of the accused to the term served that was only 6 days. The bench observed that imposing of inadequate sentence will do more harm to the justice system and lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance.
In the following case the accused was convicted and punished under section 323 and 325 of IPC, sentence of three years rigorous imprisonment and fine of Rs. 1,000 was imposed on him by the sessions judge. On appeal the Rajasthan HC, reduced the term of imprisonment to 6 days (imprisonment already undergone). The State appealed against the same in the SC.
The bench made an observation that the HC completely ignored the medical report stating that the injury cased to the victim were of grievous nature. The bench mentioned that the HC has to consider few principles before awarding the sentences, such as, proportionality, deterrence and rehabilitation. The bench stated “ in a proportionality analysis, it is necessary to assess the seriousness of an offence in order to determine the commensurate punishment for the offender. The seriousness of an offence depends, apart from other things, also upon it’s harmless.”
The bench referred to earlier judgements, mentioned that while imposing sentence the gravity of the crime and the nature of the crime must be taken in consideration. It is the duty of the court to impose a sentence which will be exemplary, as well as the confidence of public from judiciary be maintained.
The bench sentenced the accused six months rigorous imprisonment and fine of Rs. 25,000. It ignored the contention presented by the accused counsel that victim and accused are living peacefully with each other since 25 years. The bench stated that according to the medical reports the injury was life threatening, it was on the vital part of the body i.e. head, which was fractured.
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