Back
R.M.LODHA, JAGDISH SINGH KHEHAR
Alister Anthony Pareira – Appellant
Versus
State of Maharashtra – Respondent
Societal deterrence is a fundamental objective of the criminal justice system, aimed at preventing future crimes and maintaining social order. The principles underlying sentencing emphasize that punishment should be proportionate to the gravity of the offense and serve as a warning to society at large. When the law imposes appropriate and adequate sentences for serious offenses, especially those that pose a significant danger to public safety, it reinforces societal norms and discourages similar conduct by others. The deterrent effect is further strengthened when courts consider the severity of the crime, the manner in which it was committed, and the societal impact, ensuring that punishment reflects the seriousness of the offense and the societal abhorrence of such acts. This approach helps in fostering a sense of justice, discouraging reckless or negligent behavior, and promoting responsible conduct among individuals, thereby contributing to societal stability and safety.
JUDGEMENT
R.M. Lodha, J.
On the South-North Road at the East side of Carter Road, Bandra (West), Mumbai in the early hours of November 12, 2006 between 3.45 - 4.00 a.m., a car ran into the pavement killing seven persons and causing injuries to eight persons. The appellant - Alister Anthony Pareira - was at the wheels. He has been convicted by the High Court for the offences punishable under Sections 304 Part II, 338 and 337 of the Indian Penal Code, 1860 (IPC).
2. The prosecution case against the appellant is this: the repair and construction work of the Carter Road, Bandra (West) at the relevant time was being carried out by New India Construction Company. The labourers were engaged by the construction company for executing the works. The temporary sheds (huts) were put up for the residence of labourers on the pavement. In the night of November 11, 2006 and November 12, 2006, the labourers were asleep in front of their huts on the pavement. Between 3.45 to 4.00 a.m., that night, the appellant while driving the car (corolla) bearing Registration No. MH-01-R-580 rashly and negligently with knowledge that people were asleep on footpath rammed the car over the pavement; caused deat
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
