Courts should be concerned about plight and future of family of the victim, not that of the convict, while awarding sentence: Bombay HC

Bombay High Court has observed that benefit of Probation cannot be extended to an Accused without calling a report under Section 4(2) of Probation of Offenders Act. Justice A.I.S Cheema also remarked that plight of the Victim and Future of Family of the Victim, not the future of the Accused shall be the main concern of Courts while awarding Sentence.

The court made these observation in an appeal by State against praying for enhancement of the sentence imposed by the Trial court on a person convicted under Section 184 of Motor Vehicles Act for causing an accident, which happened 18 years ago, which resulted in death of a teenager boy. The convict was a retired military person who was working as a School Bus

Regarding the order passed under Probation of Offenders Act, the court observed that the trial Court had not collected any information about the accused by calling report as contemplated by sub-Section (2) of Section 4 of the Probation of Offenders Act. Looking to the facts of the case, I do not concur with the trial Court regarding it resorting to an order purporting to be under Section 4 of the Probation of Offenders Act without ensuring any compliance as required by law. The order on this count deserves to be quashed and set aside, Justice Cheema said.

The court also criticized the lenient approach the trial court. The trial court had observed that the accused is a retired military person who spent life in discipline and the incident occurred because of the crowded place as well as the fact that it was first incident and that the sentence of imprisonment or fine will ruin the future career of the matured bus driver of the school bus. The trial Court was concerned with the future career of the accused but ignored the plight of the victim and the future of family of the victim and that it is a menace that vehicles should be driven in high speed in such crowded places, un-mindfully of the surrounding circumstances, the Court remarked.

Setting aside the judgment of the trial court, taking into consideration the old age of the accused, the Court sentenced him to suffer simple imprisonment till rising of the Court and directed to pay compensation of Rs.40, 000/- to father of deceased.The court also recommend District Legal Services Authority, Jalgaon to provide compensation to the father of deceased.

Read the order here.