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Tests To Be Applied While Sentencing In A Criminal Case
06 Dec 2019 01:56 pm
The Supreme Court briefly explained three tests to be applied while sentencing in a criminal case.
The court said that the crime test, criminal test and comparative proportionality test have to be applied while sentencing an accused in a criminal case.
The bench comprising Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Ajay Rastogi were considering the High Court of Madhya Pradesh (Gwalior Bench) in which reduced the sentence awarded by the Trial Court to the period already undergone for the offences under Section 326 of the Indian Penal Code read with Section 34 of IPC, and Section 452 of the IPC.
While considering the appeal [State of MP vs. Udham], the apex court bench noted that the reasoning of the High Court on the aspect of sentencing is limited to one sentence. The court observed:
It is clear that there is no detailed analysis of the facts of the case, the nature of the injuries caused, the weapons used, the number of victims, etc. given by the High Court in the impugned order.
We are of the opinion that a large number of cases are being filed before this Court, due to insufficient or wrong sentencing undertaken by the Courts below. We have time and again cautioned against the cavalier manner in which sentencing is dealt in certain cases. There is no gainsaying that the aspect of sentencing should not be taken for granted, as this part of Criminal Justice System has determinative impact on the society. In light of the same, we are of the opinion that we need to provide further clarity on the same.
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