SC: Courts bound to impose sentence commensurate with gravity of crime

The Hon’ble Supreme Court, on 30thJuly 2019, in the matter of Suryakant Baburao @ Ramrao Phad v. State of Maharashtraand Others observed that while considering the quantum of sentence, the courts are expected to consider all relevant facts and circumstances of the case, in particular, nature of injuries caused in the occurrence and the weapon used which will have bearing on the question of sentence.

The Hon’ble Supreme Court observed that:

To justify conviction under Section 307 IPC, intention of causing death or that it was done with the intention of causing such injury which is likely to cause death is necessary to constitute the offence. Although the nature of injury actually caused would be of considerable assistance in coming to a finding as to the intention of the accused. Such intention may also be deduced from other circumstances. (Para 9)

While considering the quantum of sentence, the courts are expected to consider all relevant facts and circumstances of the case, in particular, nature of injuries caused in the occurrence and the weapon used which will have bearing on the question of sentence and the Courts are bound to impose sentence commensurate with the gravity of the offence. (Para 12)

Though the court has discretion in awarding the sentence, it should be commensurate with the gravity of the offence. The court has to record brief reasons to explain the choice of sentence. (Para 13)

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. 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. (Para 16)

Copy of judgement: Judgement_30-Jul-2019

-Tushar Kaushik

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