Gravity Of Crime Prime Consideration While Sentencing ; Undue Sympathy May Affect People's Faith In Efficacy Of Law : Supreme Court

The Supreme Court observed that the gravity of crime is the prime consideration for deciding what should be the appropriate punishment in a criminal case.

If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law, the bench of Justices Surya Kant and Abhay S. Oka observed.

In this case, the accused were convicted under Sections 326, 324 and 447 read with Section 34 of the Indian Penal Code, 1860. For the offence punishable under Section 326 read with Section 34 of IPC, the Trial Court sentenced the accused to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.3,000/­ each. Finally, the High Court, while disposing revision petitions, reduced this sentence to rigorous imprisonment for one year. 

In appeal filed by the complainant (one of the victims), the Apex Court bench noticed that there is no finding recorded regarding the existence of any relevant mitigating circumstance in favour of the accused. It is always the duty of the Court to balance aggravating circumstances and mitigating circumstances at the time of imposing sentence, the court said.

Taking note of the gravity of the offence, the bench said that there was no warrant for showing leniency. The court observed: 

"As far as the sentencing is concerned, the judicial discretion is always guided by various considerations such as seriousness  of the crime, the circumstances in which crime was committed and the antecedents of the accused. The Court is required to go by the principle of proportionality. If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law. It is the gravity of crime which is the prime consideration for deciding what should be the appropriate punishment."

The court, therefore directed that (1) in addition to the substantive sentence imposed by the High Court for the offence punishable under section 326 read with section 34 of IPC, the accused shall undergo simple imprisonment for six months. (2) The accused shall deposit the total sum of Rs.40,000/­ with the Trial Court within a period of one month from today (as additional compensation to the victims in addition to the compensation made payable by the High Court)

Case details

Sahebrao Arjun Hon vs Raosaheb Kashinath Hon | 2022 LiveLaw (SC) 745 | CrA 1499 OF 2022 | 6 September 2022 | Justices Surya Kant and Abhay S. Oka

Headnotes

Criminal Trial - Sentencing - Gravity of crime is the prime consideration for deciding what should be the appropriate punishment - It is always the duty of the Court to balance aggravating circumstances and mitigating circumstances at the time of imposing sentence - If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law - The judicial discretion is always guided by various considerations such as seriousness of the crime, the circumstances in which crime was committed and the antecedents of the accused. (Para 12-13)

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