Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry death sentence of life imprisonment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | s.304-B - Dowry death - Conviction and sentence of lifeimprisonment awarded by courts below - Sentence, ifexcessive or disproportionate - Held: The principles ofsentencing evolved by Supreme Court though largely in thecontext of death penalty will be applicable to all lessersentences so long as the sentencing judge is vested with thediscretion to award a lesser or a higher sentence resemblingthe swing of the pendulum from the minimum to themaximum - Jn the instant case, the proved facts on the basisof which offence u/s. 304-B was held to be established, whileacquitting the accused-appellant of offence u/s. 302, do notdisclose any extraordinary, perverse or diabolic act on his partto take an extreme view of the matter -- On a cumulativeapplication of the principles that would be relevant to adjudgethe crime and the criminal test, this is not a case where themaximum punishment of life imprisonment ought to havebeen awarded At the same time, from the order of trial court,it is clear that some of the injuries on the deceased, thoughobviously not fatal injuries, are attributable to accused-appellant and, as such, the minimum sentence prescribed i.e.seven years would also not meet the ends of justice Rathera sentence of ten years RI would be appropriate - Orderedaccordingly - Sentence/Sentencing - Code of CriminalProcedure, 1973 - s.354(2). Sentence/Sentencing:Sentence for offence punishable u/s 304-B /PC - Held:In a situation where commission of an offence is held to beproved by means of a legal presumption the circumstancessurrounding the crime to determine the presence ofaggravating circumstances (crime test) may not be readilyforthcoming unlike a case where there is evidence of overtcriminal acts establishing the direct involvement of theaccused with the crime to enable the court to come to specificconclusions with regard to the barbarous or depraved natureof the crime committed - Necessity to combat the menace ofdemand for dowry or to prevent atrocities on women and likesocial evils as well as the necessity to maintain the purity ofsocial conscience cannot be determinative of the quantum ofsentence inasmuch as the said parameters would becommon to all offences uls. 304-B /PC - It, therefore, cannotbe elevated to the status of acceptable jurisprudentialprinciples to act as a rational basis for awarding varyingdegrees of punishment on a case to case basis - Factors tobe taken into account while imposing the sentence uls 304/PC, discussed - Penal Code, 1860 - s.304-B. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 691 |
Petitioner | Sunil Dutt Sharma |
Respondent | State (govt. Of Nct Of Delhi) |
SCR | [2013] 9 S.C.R. 1000 |
Judgement Date | 2013-10-08 |
Case Number | 1333 |
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