Published on:19 July 2023 at 10:48 IST
Court: Supreme Court of India
Citation: State of Rajasthan V. Vinod Kumar (2012)
Honourable Supreme Court of India has held that the adequate punishment would depend upon several factors and on the facts of each case and no straitjacket formula has been laid down by this Court. However, it is held that the legislature mandates the Hon’ble Court to record the adequate and special reasons in any given case where the punishment less than the minimum sentence of seven years is to be imposed. The conduct of the accused at the time of commission of the offence, loss to the Complainant and the consequences of offence on the Complainant are some of the relevant factors which the Court should consider while considering the question of reducing the sentence to less than the minimum sentence.
23. Thus, the law on the issue can be summarised to the effect that punishment should always be proportionate/commensurate to the gravity of offence. Religion, race, caste, economic or social status of the accused or victim are not the relevant factors for determining the quantum of punishment. The court has to decide the punishment after considering all aggravating and mitigating factors and the circumstances in which the crime has been committed. Conduct and state of mind of the accused and age of the sexually assaulted victim and the gravity of the criminal act are the factors of paramount importance. The court must exercise its discretion in imposing the punishment objectively considering the facts and circumstances of the case.
24. The power under the proviso is not to be used indiscriminately in a routine, casual and cavalier manner for the reason that an exception clause requires strict interpretation. The legislature introduced the imposition of minimum sentence by amendment in IPC w.e.f. 25-12-1983, therefore, the courts are bound to bear in mind the effect thereof. The court while exercising the discretion in the exception clause has to record ‘exceptional reasons’ for resorting to the proviso. Recording of such reasons is sine qua non for granting the extraordinary relief. What is adequate and special would depend upon several factors and no straitjacket formula can be laid down.
Drafted By Abhijit Mishra
