New Delhi: Befitting punishment should be awarded by courts to the guilty so that "public abhorrence" of the offence committed is reflected, the Supreme Court has said.
"The question of awarding sentence is a matter of discretion to be exercised on consideration of circumstances aggravating and mitigating in the individual cases. Law courts have been consistent in the approach that a reasonable proportion has to be maintained between the seriousness of the crime and the punishment."
"While it is true that sentence disproportionately severe should not be passed that does not clothe the court with an option to award the sentence manifestly inadequate. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime," a bench comprising justices T S Thakur and R Banumathi said.
The observations came while hearing an appeal filed by Haryana native Ravinder Singh who had approached the apex court against Punjab and Haryana High Court judgement by which it had reduced the sentence imposed on six persons who had assaulted his father.
According to the prosecution, on August 4, 1993, while Sher Singh was returning home from bus station of his village Devsar with his elder brother Duli Chand, six persons-Pyare Lal, Ramesh, Surender, Raj Kumar, Manphool and Narender-- assaulted Duli Chand with sticks due to which he sustained grievous injuries.
Later, Duli was taken to general Hospital in Bhiwani where he slipped in coma and succumbed to injuries on August 9, 1993.
"The question of awarding sentence is a matter of discretion to be exercised on consideration of circumstances aggravating and mitigating in the individual cases. Law courts have been consistent in the approach that a reasonable proportion has to be maintained between the seriousness of the crime and the punishment."
"While it is true that sentence disproportionately severe should not be passed that does not clothe the court with an option to award the sentence manifestly inadequate. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime," a bench comprising justices T S Thakur and R Banumathi said.
The observations came while hearing an appeal filed by Haryana native Ravinder Singh who had approached the apex court against Punjab and Haryana High Court judgement by which it had reduced the sentence imposed on six persons who had assaulted his father.
According to the prosecution, on August 4, 1993, while Sher Singh was returning home from bus station of his village Devsar with his elder brother Duli Chand, six persons-Pyare Lal, Ramesh, Surender, Raj Kumar, Manphool and Narender-- assaulted Duli Chand with sticks due to which he sustained grievous injuries.
Later, Duli was taken to general Hospital in Bhiwani where he slipped in coma and succumbed to injuries on August 9, 1993.
"The question of awarding sentence is a matter of discretion to be exercised on consideration of circumstances aggravating and mitigating in the individual cases. Law courts have been consistent in the approach that a reasonable proportion has to be maintained between the seriousness of the crime and the punishment."
"While it is true that sentence disproportionately severe should not be passed that does not clothe the court with an option to award the sentence manifestly inadequate. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime," a bench comprising justices T S Thakur and R Banumathi said.
According to the prosecution, on August 4, 1993, while Sher Singh was returning home from bus station of his village Devsar with his elder brother Duli Chand, six persons-Pyare Lal, Ramesh, Surender, Raj Kumar, Manphool and Narender-- assaulted Duli Chand with sticks due to which he sustained grievous injuries.
Advertisement
Advertisement
"While it is true that sentence disproportionately severe should not be passed that does not clothe the court with an option to award the sentence manifestly inadequate. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime," a bench comprising justices T S Thakur and R Banumathi said.
Advertisement
According to the prosecution, on August 4, 1993, while Sher Singh was returning home from bus station of his village Devsar with his elder brother Duli Chand, six persons-Pyare Lal, Ramesh, Surender, Raj Kumar, Manphool and Narender-- assaulted Duli Chand with sticks due to which he sustained grievous injuries.
Advertisement
COMMENTS
Advertisement
"Back To Square One": Arvind Kejriwal's Lawyer Seeks Bail, Slams CBI Arrest Biden Weighing Proposals To Reform US Supreme Court? Details Inside "No Defamatory Remarks Against Governor": High Court To Mamata Banerjee 25,000 Aspirants For Airport Jobs Paying Rs 22,000: A Mumbai Stampede Scare Puja Khedkar's Disability Document Has Factory Address, Ration Card Proof "Back To Square One": Arvind Kejriwal's Lawyer Seeks Bail, Slams CBI Arrest Suzuki Announces Technology Strategy For The Next 10 Years Comedian Pokes Fun At Zomato's Platform Fees, CEO Deepinder Goyal Reacts Why Does Food Taste Bland In Space? The Role Of Smells, Aroma And Gravity Track Latest News Live on NDTV.com and get news updates from India and around the world.