Alka Verma –
Published On: September 21, 2021 at 10:15 IST
On Monday, the Supreme Court of India held that a compromise deed between the Accused and Victim cannot be a solitary ground for reducing the punishment given.
“The compromise cannot be taken to be a solitary basis until the other aggravating and mitigating factors also support and are favorable to the accused for molding the sentence which always has to be examined in the facts and circumstances of the case on hand,” stated the Apex Court.
Further, the Court added saying that punishment is given to any wrongdoer after considering all facts and events and giving punishment to anyone is totally the heart of the criminal delivering system.
A Bench comprising Justices Ajay Rastogi and Abhay S Oka declined an Appeal filed by Bhagwan Narayan Gaikwad, the Accused.
The Appeal was against a Bombay High Court Order in which the High Court awarded him a five-year jail term and a compensation of Rs. 2 lakhs to the Victim.
Bhagwan along with others was Accused of chopping off the legs and hands of a man and after being found guilty he was awarded the punishment by the High Court.
Advocate Mahesh Jethmalani, representing Gaikwad argued in the Court saying that now the accused is 65 years old and the incident took place 28 years ago.
Adding to it, he said now the relations between the Victim and Gaikwad are much better and the differences have been sorted out.
Advocate Mahesh also stated that 5 years of jail term will be unfair now and requested in front of the Court to reduce the sentenced term.
However, the Court said it is not satisfied to reduce the sentence term as a Victim has suffered a lot in the past.
“Court cannot be oblivious of the sufferings which the victim has suffered for such a long time and being crippled for life and the leg and arm of the victim are amputated in the alleged incident dated 13th December, 1993 and since then he has been fighting for life and is pursuing his daily chores with a prosthetic arm and leg,” stated the Bench.
Adding to it, at the last Court said that the act of the Accused made the Victim permanently disabled and hence the accused and his act is unpardonable.
Click here to read/download the Order
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