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VIMAL K. VYAS
State Of Gujarat – Appellant
Versus
Bhavesh Kanubhai Parmar – Respondent
JUDGMENT :
Vimal K. Vyas, J.
1. The present appeal has been preferred by the appellant – State under Section 377 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) and is directed against the judgment and order of sentence dated 30.04.2012 passed by the learned 2nd Additional Sessions Judge, Vadodara, in Sessions Case No.154 of 2008.
2. By the aforesaid judgment and order of conviction and sentence, the trial court held the present respondents-accused guilty and convicted them for the offence punishable under Section 323 of the Indian Penal Code, and consequently, sentenced them to suffer simple imprisonment for one year along with a fine of Rs.500.00 and in default of payment of fine, to undergo further simple imprisonment for one month. However, the trial court acquitted the present respondents-accused from the charges levelled against them under Sections 306, 504 and 114 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act.
3. The case of the prosecution, in nutshell, is that on 22.10.2005 at about 8:00 p.m. at Ranchhodji Pole, Manjalpur, Vadodara, the accused persons had abused the complainant by hurling filthy language and thereafter the accus
The court upheld the trial court's sentencing discretion, affirming that interference is only warranted when a sentence is manifestly inadequate.
The appellate court upheld the trial court's discretion in sentencing, affirming that the findings were just and proper, with no grounds for interference.
The appellate court's lenient sentencing for serious assault injuries was insufficient, underscoring principles of proportionality and deterrence in criminal sentencing.
The court upheld the need for sentences to be proportionate to the seriousness of the crime and the impact on the victims, modifying the penalties imposed by the Appellate Court.
Courts must ensure sentences are appropriate, just, and proportionate to the seriousness of offences; appellate courts can only interfere if compelling reasons justify such changes.
The court confirmed the conviction under Section 323 IPC but modified the sentence to a fine based on the elapsed time since the offence.
Sentence – Principle of Proportionality should guide sentencing process – Punishment is designed to protect society by deterring potential offenders as well as prevent guilty party from repeating off....
The court emphasized the principle of parity in sentencing, ensuring similar roles in crime led to aligned convictions, and mandated adherence to the statutory requirements for probation.
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