Proportion Between Crime & Punishment Has A Strong Influence On Determination Of Sentences, Inspite Of Errant Notions: Delhi Court

A Delhi Court has observed that the proportion between crime and punishment remains a strong influence in the determination of sentences in spite of errant notions and that the Courts are expected to operate the sentencing system so as to impose such sentence which reflects the conscience of the society.

Additional Sessions Judge Arun Sukhija of Karkardooma Courts observed thus: 

"Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences."

The observations were made while the Court was passing sentencing order in a murder case of a minor girl in which two persons namely Sudhir Kumar and Munni Devi were convicted under sec. 302, 201 and 34 of IPC.

Munni Devi, mother of the deceased, had confessed her guilt stating that she along with her paramour – accused Sudhir Kumar murdered her daughter by cutting her neck.

It was thus submitted on behalf of the convicts that they were first time offenders and remained behind the bars for long. It was also added that no adverse report has been received against either of them.

"At the juncture of awarding the sentence, Courts are expected to operate the sentencing system so as to impose such sentence which reflects the conscience of the society and the sentencing process has to be stern where it should be," the Court observed at the outset.

It added:

"While awarding the sentence, court has to consider three elements for appropriate measure of punishment out of them one is the motive for the commission of the offence; while another is the magnitude of the offence; and third one is the character of the offender."

The Court perused the affidavits filed by the convicts and report submitted by the DSLSA and observed that the two were in jail since the day of their arrest and as such, they both did not have any financial capacity to pay the compensation.

"The deceased was minor daughter of one of the accused/convict. As such, she one of the LR of the minor daughter, however, she is disqualified being convict for murder of said minor daughter. Therefore, considering the status of convicts, this court is of the considered view that minimum fine be imposed on them," the Court said.

Accordingly, the Court awarded life imprisonment to both the convicts for the offences under Sec. 302/34 IPC. It also imposed a fine of Rs.10,000 each and said that in default of payment of fine, each convict shall further undergo simple imprisonment for one month.

".. further for the offence punishable under Sec. 201 IPC both these convicts individually are hereby sentenced to the period already undergone by each one of them in the present matter and also to pay fine of Rs.5,000/- each and in default of payment of fine, further undergo SI for 15 days," it added.

Title: State Vs. Sudhir Kumar etc.

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