Brief Facts
- State preferred the SLP against the judgment of the High Court whereby sentence for conviction under Section 304A IPC was reduced from 2 years to 8 months on the mitigating circumstance that accused belongs to a poor family.
- The accused was convicted for driving the Scorpio car in rash and negligent manner which resulted in death of one person and two persons sitting in the ambulance were injured.
Issues
- What are the objectives of IPC and whether the High Court was correct in reducing the sentence solely on ground of mitigating circumstance without considering the gravity of the offence?
Held
- The Apex Court allowed the appeal and the impugned judgment and order passed by the High Court reducing the sentence while maintaining the conviction for the offence under Section 304A of IPC from two years RI to eight months SI was quashed and set aside.
- The High Court has not at all considered the gravity of the offence and the manner in which the accused committed the offence and driving the Scorpio in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in the ambulance sustained the injuries. The High Court has also not properly appreciated and considered the fact that due to collision the ambulance turned turtle. This shows the impact on the ambulance and the rash and negligent driving on the part of the accused. From the impugned judgment and order passed by the High Court, it appears that the case on behalf of the accused that he is coming from a poor family, is considered as mitigating circumstance.
- The High Court has not at all considered the fact that the IPC is punitive and deterrent in nature. The principal aim and object are to punish offenders for offences committed under IPC. Sections 279 and 304A can be invoked only if act of the accused is negligent and rash. As observed by this Court in the case of State of Himachal Pradesh Vs. Ramchandra Rabidas (2019) 10 SCC 75, this Court time and again emphasised on the need to strictly punish offenders responsible for causing motor vehicle With rapidly increasing motorisation, India is facing an increasing burden of road traffic injuries and fatalities. The financial loss, emotional and social trauma caused to a family on losing a bread winner, or any other member of the family, or incapacitation of the victim cannot be quantified. As observed and held, the principle of proportionality between the crime and punishment has to be borne in mind. As observed that the principle of just punishment is the bedrock of sentencing in respect of a criminal offence.
- The principle of sentencing recognises the corrective measures but there are occasions when the deterrence is an imperative necessity depending upon the facts of the case.
Relevant Para No.
- 5, 5.1, 5.2.1, 6