State of Madhya Pradesh V/s Basodi

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-04-27
Case No: 1002 OF 2004
Case Type: Appeal (Criminal)
Judge Name: Arijit Pasayat D.K. Jain & Mukundakam Sharma
Subject: Criminal Law-Kidnapping
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Section: 376 IPC
Bench Strength: Full Bench
Advocate: C.D. Singh and Sunny Chaudhary (P)
State of Appellant(s): Madhya Pradesh
History of Case No: Criminal Appeal No. 1002 of 2004. From the Judgment AND Order dated 15.7.2003 of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 291 of 2003.
Equal Citation Details :

JT2009(6)SC92, 2009(6)SCALE353, 2009(2)ACR1744(SC), AIR2009SC3081, 2009CriLJ4284, 2009(3)JLJ193(SC), 

Case Note / Description :

 Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats. It is, therefore, the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed etc. [Para 8] [1173-G-H; 1174-A] 2.3. The criminal law adheres in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the Judge in arriving at a sentence in each case, presumably to permit sentences that reflect more subtle considerations of culpability that are raised by the special facts of each case. Judges in essence affirm that punishment, ought always to fit the crime; yet in practice sentences are determined largely by other considerations. Sometimes it is the correctional needs of the perpetrator that are offered to justify a sentence. Sometimes the desirability of keeping him out of circulation, and sometimes even the tragic results of his crime. Inevitably these considerations cause a departure from just desert as the basis of punishment and create cases of apparent injustice that are serious and widespread. [Para 9] [1174-B-E] 2.4. After giving due consideration to the facts and circumstances of each case, for deciding just and appropriate sentence to be awarded for an offence, the aggravating and mitigating factOTHERS and circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in a dispassionate manner by the Court. [Para 11] [1174-H; 1175-A-B] 2.5. No formula of a foolproof nature is possible that would provide a reasonable criterion in determining a just and appropriate punishment in the infinite variety of circumstances that may affect the gravity of the crime. In the absence of any foolproof formula which may provide any basis for reasonable crieteria to correctly assess various circumstances germane to the consideration of gravity of crime, the discretionary judgment in the facts of each case, is the only way in which such judgment may be equitably distinguished. [Para 11] [1175-C-D] 2.6. Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise. The social impact of the crime, e.g. where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, cannot be lost sight of and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system. [Para 13] [1175-G-H; 1176-A-B] 2.7. Justice demands that Courts should impose punishment befitting the crime so that the Courts reflect public abhorrence of the crime. The Court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment. 

Indian Penal Code, 1860

 
 
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