Interest of victim must be kept during criminal judgement: SC

The Supreme Court has directed the courts that the sentence imposed upon the accused should not be harsh, the inadequacy of sentence may lead to the sufferance of the victim and the community at large.

New Delhi: The Supreme Court today held that courts have to keep in view the interest of the victim and society at large when awarding punishment.

The question of awarding sentence is a matter of discretion for the courts and has to be exercised on consideration of facts and circumstances of the case, a Bench of Justice R Banumathi and AS Bopanna ruled.

The bench comprising Justice R. Banumathi and Justice AS Bopanna said that the courts must not only keep in view the right of the accused but must also keep in view the interest of the victim and society at large.

The courts have been consistent in an approach that a reasonable proportion has to be maintained between the gravity of the offence and the punishment.

Further, the Justices added, "While it is true that the sentence imposed upon the accused should not be harsh, the inadequacy of sentence may lead to the sufferance of the victim and the community at large."

While considering the quantum of sentence, the courts are expected to consider all relevant facts and circumstances of the case.

In particular, the nature of injuries caused in the occurrence and the weapon used which will have bearing on the question of the sentence are to be taken into account. Courts are bound to impose a sentence commensurate with the gravity of the offence, the Bench stated.

The judgment was delivered in an appeal against a decision of the Bombay High Court which had affirmed the conviction of accused Devraj under Section 307 IPC read with Section 34 IPC but reduced the sentence of imprisonment imposed upon him from seven years to five years.