There is no such lottery that the judge can draw and… Supreme Court is angry over different punishments in similar cases, said this to the government

Ronit Kawale
Ronit Kawale - Senior Editor
3 Min Read

New Delhi : The Supreme Court has said that the punishment given to the accused if found guilty should not be like a lottery. There are still wide variations in sentencing the guilty and it depends entirely on the judge. The Supreme Court has recommended the Central Government to make a comprehensive policy in the matter of punishment. Its report should be submitted within six months.

A bench of Justice MM Sundaresh and Justice SVN Bhati said that the judge should never go beyond the limits. This is a very important right under Article 14 and 21 and it is available to everyone. The apex court said that it is the responsibility of the court to consider all the facts during the debate on punishment under Section 360 of the CrPC. During this, the behavior of the accused is also considered.

What was the matter

POCSO case was registered in Bihar. The trial court completed the hearing in a single day. It is alleged that the accused did not get a chance to defend himself and two days later he was given death sentence in the case. The matter came before the High Court. The High Court said that various provisions of CrPC were not followed. The trial court's decision was set aside and a retrial ordered. This decision was challenged in the Supreme Court. The Supreme Court rejected the appeal and directed that the trial court complete the trial under POCSO.

The far-reaching impact of the Supreme Court's initiative

When an accused is convicted, the court hears arguments on the punishment. During this, it considers all the facts. Minimum and maximum punishment is also given on this basis. The court said that a comprehensive policy is ready in Canada, New Zealand, Israel and Britain. For this, the Law Commission had also presented a report in 2003. He had said that a comprehensive policy should be prepared regarding punishment in India. If guidelines are made regarding punishment, then it will definitely benefit the criminal justice system. This decision can have a far-reaching effect.

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