Interest Of Victim And Society At Large Must Also Be Kept In View While Sentencing: SC [Read Judgment]

The Supreme Court has observed the courts must also keep in view the interest of the victim and society at large while sentencing in criminal matters.

In Suryakant Baburao @ Ramrao Phad vs. State of Maharashtra, the High Court reduced the sentence of imprisonment from seven years to five years to an 'attempt to murder' accused. Disagreeing with this approach, the bench comprising Justice R. Banumathi and Justice AS Bopanna, said:

"The courts must not only keep in view the right of the accused, but must also keep in view the interest of the victim and society at large. The courts have been consistent in approach that a reasonable proportion has to be maintained between the gravity of the offence and the punishment. While it is true that the sentence imposed upon the accused should not be harsh, inadequacy of sentence may lead to sufferance of the victim and the community at large."

The bench also observed that though the court has discretion in awarding the sentence, it should be commensurate with the gravity of the offence and it has to record brief reasons to explain the choice of sentence. Considering the nature of injuries caused to the victim i.e. gunshot wounds in the chest and the opinion of Doctor that the injuries caused to the victim are capable of causing death, the High Court was not right in reducing the sentence of first accused, the bench said. 

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