Published on: 14 August 2023 at 14:12 IST
Court: Supreme Court
Citation: Kashi Nath Singh V. State of Jharkhand (2023)
Honourable Supreme Court of India has held that undue leniency in sentencing to the Convicts in heinous crime shakes public confidence in the criminal justice system which may subdue the deterrent effect of the punishment. It is further held that while sentencing of the Convicts guilty of the Crime the rights of the victim and his family members of the victims must be considered by the Criminal Courts.
9. We need not go into the facts of the controversy in detail for the reason that there is no challenge to the conviction of the appellant. The fact remains that there was rape and murder of a 14 year old girl. The guilt of the appellant was proved beyond reasonable doubt on account of testimony of direct eye-witnesses.
The sentence awarded by the High Court is life imprisonment for the whole of biological life of the appellant without any remission. Though notice was issued only to consider whether the appellant could be extended the benefit of remission, however, considering the severity of the offence committed by the appellant, we do not find any merit in that submission.
However, still considering the fact that the appellant was 26 years of age when the offence was committed and there may be chances of his reformation, but still undue leniency in sentencing shakes public confidence in the criminal justice system, the deterrent effect may not be there. The rights of the victim and his family members are also to be considered.
Drafted By Abhijit Mishra
