Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 432 IPC ss. 45 Power to impose a modified punishment 53 Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – s. 432 – Penal Code,1860 – ss. 45, 53 – Power to impose a modified punishment – Specialcategory sentencing to life imprisonment in excess of 14 years –Appellant was convicted for having committed offence u/s. 376,377, 506 and was sentenced to life imprisonment – Trial Courtdirected that the appellant should not be given any clemency by theState before he spent at least 20 years in jail – Same was confirmedby the High Court – On appeal, held: It is settled that the power toimpose a modified punishment within the punishment provided forin the Penal Code for such specified offences can only be exercisedby the High Court and in the event of further appeal, by the SupremeCourt, and not by any other Court in the country – In the light ofthis settled legal position, it was clearly not within the domain ofthe Additional Sessions Judge to impose a restriction that the termof the appellant’s life imprisonment should be for at least 20 yearsand that he should not be given any clemency till then – Such powercould only be exercised by the High Courts or by Supreme Court –In the instant case, the child was raped by her father during themonth of August, 2012, so the amended provisions s.376(2)(f) ands.376(3) have no role to play – Now, the maximum punishmentprescribed by law is imprisonment for life with nothing further –Even in such cases, it would be a parody of justice to allow theconvicts so sentenced to avail the benefit of remissions and the like,liberally conferred by the State, and cut short the length of their lifesentence to a mere 14 years – Special category sentencing to lifeimprisonment in excess of 14 years by fixing a lengthier term wouldbe available to the High Courts and this Court, even in cases wherethe maximum punishment, permissible in law and duly imposed, islife imprisonment with nothing further – Exercise of such powermust be restricted to grave cases – Appellant herein was found guiltyof one of the most monstrous and horrific of offences – Therefore, the appellant directed to serve the life imprisonment for a minimumof 20 years of actual incarceration before he can seek remissionsunder the provisions of the Code of Criminal Procedure, 1973, orany other enacted law – Constitution of India – Arts.72 and 161.Disposing of the appeal, |
Judge | Hon'ble Mr. Justice Sanjay Kumar |
Neutral Citation | 2023 INSC 426 |
Petitioner | Ravinder Singh |
Respondent | The State Govt. Of Nct Of Delhi |
SCR | [2023] 4 S.C.R. 480 |
Judgement Date | 2023-04-25 |
Case Number | 1031 |
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