NEW DELHI: The Supreme Court has said that undue leniency in sentencing of convicts shakes public confidence in the criminal justice system, taking away the deterrent effect and affecting the rights of the victim and his family members.
A bench of Justices Abhay S Oka and Rajesh Bindal modified a sentence of life imprisonment for the whole of the biological life of the appellant, without any benefit of remission in a case of brutal rape and murder of a 14-year-old girl in Dhanbad on November 3, 2007.
However, taking a tough view, the bench directed the appellant should not be released from jail till he completed 30 years imprisonment excluding the period already served by him.
The court noted that the fact remains that there was rape and murder of a 14 year old girl. The guilt of the appellant was proved beyond reasonable doubt on account of testimony of direct eye-witnesses.
"Though notice was issued only to consider whether the appellant could be extended the benefit of remission, however, considering the severity of the offence committed by the appellant, we do not find any merit in that submission," the bench said.
However, considering the appellant was 26 years of age when the offence was committed and there may be chances of his reformation, but still undue leniency in sentencing shakes public confidence in the criminal justice system, the deterrent effect may not be there. The rights of the victim and his family members are also to be considered, the bench added.
"The sentence of life imprisonment for the whole of the biological life of the appellant, without any benefit of remission deserves to be modified to the fixed term sentence for a period of 30 years without any benefit of remission so that prime period of his life is spent in jail," the bench said.
The court directed that the appellant should be released from jail only after undergoing full sentence of 30 years, excluding the period of imprisonment already undergone.
