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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, R.T.VACHHANI
State of Gujarat – Appellant
Versus
Sokatbhai @ Facture Mayuddinbhai Shaikh – Respondent
| Table of Content |
|---|
| 1. scope of appeal for sentence enhancement. (Para 1) |
| 2. state's limited scope to seek sentence enhancement. (Para 2) |
| 3. factual background of the case. (Para 3) |
| 4. details of judicial process and convictions. (Para 4) |
| 5. arguments for sentence enhancement based on seriousness. (Para 5 , 6) |
| 6. consideration of sentence appropriateness. (Para 7 , 8) |
| 7. statutory provisions for punishment. (Para 9) |
| 8. guiding principles for sentencing. (Para 10 , 11 , 12) |
| 9. final ruling on sentence adequacy. (Para 13) |
| 10. dismissal of appeal and case conclusion. (Para 14) |
JUDGMENT :
R.T. VACHHANI, J.
1. The present appeal has been preferred by the State invoking the provisions of Section 418 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking enhancement of the sentence imposed by the learned Sessions Judge, Bharuch in Sessions Case No. 79/2015 and 37/2016 registered with Bharuch City B-Division Police Station for the offences punishable under Sections 307 , 324, 504 read with Section 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act and sentencing Accused Nos. 1 and 2 (respondent-accused) for the offence under Section 307 read with of the IPC to undergo 5 years rigor
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 upheld the trial court's sentencing discretion, affirming that interference is only warranted when a sentence is manifestly inadequate.
The appellate court should respect the trial court's discretion in sentencing unless the sentence is manifestly inadequate or illegal.
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 discretion of trial courts in sentencing should only be interfered with on manifest inadequacy; this discretion encompasses proportionality to the crime committed.
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.
(1) Just Sentence – Principle of just punishment is bedrock of sentencing in respect of a criminal offence – An offender cannot be allowed to be treated with leniency solely on the ground of discreti....
The court underlined that mere allegations of harassment must be substantiated by credible evidence to uphold a conviction under Section 498A IPC.
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.
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