RAJESH BINDAL, VIJAY BISHNOI
Parameshwari – Appellant
Versus
State of Tamil Nadu – Respondent
[14][15][23][24][25][26][27][33]
| Table of Content |
|---|
| 1. facts of the case and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments regarding legality of sentence reduction. (Para 14 , 15 , 16) |
| 3. analysis of sentencing principles in relation to the case. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 4. final judgment and directions. (Para 38 , 39 , 40) |
JUDGMENT :
VIJAY BISHNOI, J.
^^u`iL; ijeks /keZ% Átkuka ifjikyue~A
nq"Vkuka xzg.ka fuR;a fuR;kuka p fouk'kue~AA**
The supreme objective of law is the protection of society and creating a deterrence against crime by imposing adequate punishment.
1. Leave Granted.
2. This appeal has been preferred by the Appellant challenging the Judgment dated 18.12.2020 (hereinafter referred to as “impugned judgment”) passed in Crl. R.C. (MD) No. 121 of 2016 by the High Court of Judicature at Madras, Madurai Bench (hereinafter referred to as “the High Court”) wherein the criminal revision filed by the Respondent No. 2 and Respondent No. 3 (hereinafter referred to as “Private Respondents”) was allowed by the High Court. The High Court upheld the conviction of Private Respondents for the offences pun
State of Madhya Pradesh vs. Suresh
State of Madhya Pradesh vs. Kashiram and Others
State of Madhya Pradesh vs. Mohan and Others
Hazara Singh vs. Raj Kumar and Others
Ahmed Hussein Vali Mohammed Saiyed and Another vs. State of Gujarat
Guru Basvaraj Alias Benne Settappa vs. State of Karnataka
State of M.P. vs. Saleem Alias Chamaru and Another
State of Punjab vs. Saurabh Bakshi
None of the listed cases explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. The descriptions provided do not contain language suggesting judicial criticism, overruling, or negative treatment. Therefore, based solely on the information given, there are no cases identified as bad law.
Followed / Affirmed:
Ahmed Hussein Vali Mohammed Saiyed VS State of Gujarat - 2009 4 Supreme 466: This case discusses provisions of the TADA Act and the admissibility of dying declarations, but there is no language indicating it has been overruled or criticized. It appears to be a settled authority on procedural issues.
State of Punjab VS Dil Bahadur - 2023 3 Supreme 41: Emphasizes the principle of proportionality and just punishment, which are well-established principles in sentencing law. No indication of negative treatment.
GURU BASAVARAJ @ BENNE SETTAPPA VS STATE OF KARNATAKA - 2012 6 Supreme 200: Highlights the court’s duty to impose appropriate sentences considering social impact. No signs of negative treatment.
State of M. P. VS Mohan - 2013 0 Supreme(SC) 689: Discusses the sentencing system reflecting societal conscience; no indication it has been overruled.
State Of M. P. VS Saleem @ Chamaru - 2005 4 Supreme 733: Focuses on balancing aggravating and mitigating factors for just sentencing; no evidence of negative treatment.
State of Madhya Pradesh VS Suresh - 2019 3 Supreme 381: States that punishment should be proportionate and courts should avoid undue leniency, a standard principle in sentencing law; no indication it has been overruled or criticized.
Questioned / Clarified / Neutral:
Shivani Tyagi VS State of U. P. - 2024 4 Supreme 521: Discusses the suspension of sentences in serious offences and the nature of acid attacks as gender-based violence. The language is descriptive and analytical, with no indication of negative treatment or overrule. It appears to be a reasoned discussion of sentencing principles.
None of the cases in the list show clear signs of being overruled, reversed, or treated as bad law based solely on the provided descriptions. The treatment status of these cases remains neutral, as the descriptions do not include references to subsequent judicial treatment or negative treatment.
Sentencing must reflect the gravity of the crime, ensuring adequate deterrence while avoiding undue sympathy and maintaining public confidence in justice.
Principle of proportionality between crime and punishment has to be borne in mind – Principle of just punishment is bedrock of sentencing in respect of a criminal offence.
The court emphasized that while deterrence in sentencing is crucial, mitigating factors like prolonged trials and compensation paid to victims should also influence sentencing outcomes.
Point of Law : Criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective. At the same time, undue harshness should also be avoided keeping in view the re....
'Reformative theory of punishment' is to be adopted and for that reason, it is necessary to impose punishment keeping in view the 'doctrine of proportionality'.
When prosecutrix and her witnesses are silent on the factum of the incident occurring due to she being of caste, which falls within the purview of SC/ST Act, the conviction cannot be sustained.
(1) Victim compensation – Payment of victim compensation cannot be a consideration or a ground for reducing sentence imposed upon accused as victim compensation is not a punitive measure and only res....
(1) Just sentence – Meagre sentence imposed solely on account of lapse of time without considering degree of offence will be counterproductive in long run and against interest of society.(2) Bigamy –....
:Merely because a long period has lapsed by the time appeal is decided cannot be a ground to award punishment which is disproportionate and inadequate.
Sympathy resulting in inadequate sentence does more harm to justice.
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