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Sep 25, 2013

sentence should reflect the crime

Hazara Singh vs Raj Kumar Hon'ble Supreme Court of India observed on 18.04.13 as
“The cardinal principle of sentencing policy is that the sentence imposed on an offender should reflect the crime he has committed and it should be proportionate to the gravity of the offence.”

“If acquittal of some co-accused casts a cloud of doubt over the entire prosecution case, the whole case may be rejected. But we fail to understand how acquittal of some of the accused can have any relevance to the question of sentence awarded to those who are convicted.”
“Mr Jain said that the High Court has enhanced the fine and compensated the injured and, therefore, we should not enhance the sentence. Accepting such a submission would mean that if your pockets can afford, commit serious crime, offer to pay heavy fine and escape entacles of law. Power of wealth need not extend to overawe court processes.”

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