TMI Blog2005 (1) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... n Judge Chhatarpur, who imposed the aforesaid sentences. The respondents-accused preferred an appeal (Crl. Appeal No. 829/2000) in the High Court of Madhya Pradesh. By the impugned judgment, the High Court directed the sentence to be reduced to the period already undergone. It noted that the learned counsel for the accused persons who were the appellants before the High Court did not challenge the finding of conviction but only prayed for reduction in sentence. The High Court noticed that respondent-accused Munna had undergone sentence of imprisonment for a period of about three years and six months, while respondent accused Ghanshyam had undergone sentence of imprisonment for a period of about two months. The only ground recorded for reducing the sentence was that the accused persons come from rural areas. That appeared to be a just and proper ground to the learned Single Judge to reduce the sentence to the period already undergone. In support of the appeal learned counsel for the appellant-State submitted that the reduction of sentence as done by learned Single Judge was contrary to the law as laid down by this Court in several cases. While dealing with the offence of rape whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l knowledge' means the penetration to any the slightest degree of the organ alleged to have been carnally known by the male organ of generation (Stephen's Criminal Law 9th Ed. p.262). In 'Encyclopoedia of Crime and Justice' (Volume 4, page 1356) it is stated ......even slight penetration is sufficient and emission is unnecessary . In Halsbury's Statutes of England and Wales (Fourth Edition) Volume 12, it is stated that even the slightest degree of penetration is sufficient to prove sexual intercourse. It is violation with violence of the private person of a woman-an-outrage by all means. By the very nature of the offence it is an obnoxious act of the highest order. The physical scar may heal up, but the mental scar will always remain. When a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame. The law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross cultural conflict where living law must find answer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. v. State of Tamil Naidu (AIR 1991 SC 1463). The criminal law adheres in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the Judge in arriving at a sentence in each case, presumably to permit sentences that reflect more subtle considerations of culpability that are raised by the special facts of each case. Judges in essence affirm that punishment ought always to fit the crime; yet in practice sentences are determined largely by other considerations. Sometimes it is the correctional needs of the perpetrator that are offered to justify a sentence. Sometimes the desirability of keeping him out of circulation, and sometimes even the tragic results of his crime. Inevitably these considerations cause a departure from just desert as the basis of punishment and create cases of apparent injustice that are serious and widespread. Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences. The practice of punishing all serious crimes with e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate sentence is the issue. Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise. The social impact of the crime, e.g. where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, cannot be lost sight of and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences will be result- wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system. In Dhananjoy Chatterjee v. State of W.B. (1994 (2) SCC 220), this Court has observed that shockingly large number of criminals go unpunished thereby increasingly, encouraging the criminals and in the ultimate making justice suffer by weakening the system's creditability. The imposition of appropriate punishment is the manner in which the Court responds to the socie ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
