1. Conviction and sentencing for attempt to murder under Section 307, IPC, resulting in permanent disability of the victim. (Para 3 , 4 , 7 )
Back
Next 
2018 Supreme(SC) 31
SUPREME COURT OF INDIA
RANJAN GOGOI, R. BANUMATHI, JJ.
PRANJAY PURUSHOTAMBHAI GORADIA – APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA – RESPONDENT(S)
CRIMINAL APPEAL NO(S). 98 OF 2018 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.6829 OF 2013]
Decided On : 16-01-2018
Important Points
The Court exercised its sentencing discretion under Section 307 IPC, balancing the severity of the crime against mitigating factors, such as the accused's age at the time of the offense and the period of custody already served, to reduce a life sentence to the term already undergone.
Subject
Criminal Law - Sentencing
Act Referred
Headnote
(a) Criminal jurisprudence – Sentencing – Absence of any yardstick or principle for award of sentence – Vast discretion to Court to be exercised judiciously and reasonably having regard to the facts of a given case. (Para 6)
(b) Indian Penal Code, 1860 – Section 307 – Sentence – Appellant awarded life imprisonment and fine of Rs. 2 lakhs – Incident two decades old when appellant was 21 years of age – Already under custody for 12 years – Sentence modified to period undergone – Fine enhanced to Rs.10 lakhs. (Para 9, 10)
Legal Category Hierarchy
Table of Contents
2. Challenge to the sentence of life imprisonment imposed for conviction under Section 307, IPC. (Para 3 )
3. The court noted the lack of fixed sentencing yardsticks in Indian criminal law, necessitating a judicious exercise of discretion based on case facts and accused's circumstances. (Para 6 , 8 )
4. Sentencing discretion should be exercised reasonably, balancing the severity of the crime against the accused's age at the time of the offense and the period of custody served. (Para 6 , 8 , 9 )
5. Appeal dismissed; life sentence altered to period already undergone, and accused directed to pay compensation to the victim or a charitable body. (Para 9 , 10 )
6. What are the prescribed punishments for attempt to murder under Section 307 of the IPC?
The section provides for imprisonment of either description for a term extending to ten years and a fine; if hurt is caused, the offender may be liable for life imprisonment or the aforementioned punishment. (Para 5 )
7. What is the general principle governing the award of sentences in Indian Criminal Jurisprudence?
In the absence of a fixed yardstick or principle for awarding sentences, the issue is left to the discretion of the court to be exercised judiciously and reasonably based on the facts of the case. (Para 6 )
8. What factors may a court consider when deciding to alter a severe sentence to the period already undergone?
The court may consider the age of the accused at the time of the incident, the total period of custody already served, and the amount of time that has elapsed since the occurrence of the crime. (Para 8 , 9 )
ORDER
1. We have heard the learned counsel for the parties.
2. Leave granted.
3. Limited notice was issued in the Special Leave Petition wherein leave to appeal has been prayed for to challenge the judgment of the Bombay High Court convicting the accused appellant for the offence punishable under Section 307 of the Indian Penal Code, 1860 (“IPC” for short). Sentence of rigorous imprisonment for life and fine of Rs.2,00,000/-(Rupees two lakh) was imposed on the accused appellant with the further direction that the fine amount, once recovered, will be paid to the victim.
4. There are materials on record to suggest that the victim refused to accept any compensation. Because of the injuries suffered by her at the hands of the accused appellant, on account of a frustrated love affair, the victim has become a paraplegic.
5. Time and again this Court has emphasized the wide discretion that is vested in the courts in our country in the matter of imposition of sentence of imprisonment. Section 307 IPC, under which the accused appellant has been sentenced, contemplates as under:
"307. Attempt to murder.- Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned."
6. The absence of any yardstick or principle for award of sentence is one of the thorny problems of Indian Criminal Jurisprudence and the issue, at present, is left to the discretion of the Court to be exercised judiciously and reasonably having regard to the facts of a given case.
7. Adverting to the facts of the present case, undoubtedly, the ghastly incident for which the accused appellant has been found liable had rendered the victim, a young girl, who was aged 18-19 years old at the time of the occurrence to a vegetative state.
8. There can be no debate on the question that the accused should be dealt with severely. At the same time, while determining the precise extent of the severity with which the accused should be dealt with, the circumstances which surround the accused cannot be altogether lost sight of. The accused appellant, in the present case, was merely 21 years old at the time of the incident which had occurred on 26th October, 1990. Though the accused appellant remained on bail during the pendency of the trial, post conviction he has been in jail since the year 2006 and, presently, he has served a term of over 12 years.
9. Taking into account the date of the incident which is almost two decades old; the age of the accused at the particular point of time (i.e. 21 years) and the period of custody suffered (i.e. over 12 years) we are of the view that the ends of justice would be adequately met if the sentence of life imprisonment is altered to one of period undergone by the accused till date. Additionally, we are of the view that a total amount of compensation of Rs.10,00,000/-(Rupees ten lakh) [inclusive of Rs.2,00,000/-(Rupees two lakh) which was deposited before the High Court] shall be paid by the accused appellant within six months of his release from prison. Such compensation will be paid to the victim or her family. The amount of Rs.10 lakh can also be paid by the accused appellant in suitable installments all of which installments will, however, stand paid within the time frame indicated by the Court in the present order. It is open for the victim or her family to accept the aforesaid compensation. In the event of any refusal it will be open for the learned trial Court to pass orders making available the said sum of Rs.10 lakhs to such social or charitable body as the learned judge may deem fit and proper.
10. Consequently and in the light of the above while dismissing the appeal
