The proviso to Section 418(1), Cr.P.C., together
with the penal provision under Section 494 I.P.C.,
prescribing no minimum imprisonment, but only the
maximum, would definitely make imposition of
‘imprisonment till the rising of the court’ intra vires.
18. This will take us to the next question as to whether
such a flea-bite sentence is sufficient when a conviction
is entered under Section 494 I.P.C., only because no
minimum sentence is prescribed thereunder. We have
already noted that in the matter of awarding sentence for
conviction of an offence which may impact the society, it
is not advisable to let off an accused after conviction with
a flea-bite sentence. We may hasten to add that we are
not oblivious of the decision of this Court in Adamji
Umar Dalal v. State of Bombay AIR 1952 SC 14 , wherein this Court held that zeal to crush the evil should not carry the Court
away from its judicial mind, and the sentence should not
be so unduly harsh as to defeat the ends of justice. But
then, the decision in State of Karnataka v. Krishna alias
Raju (1987) 1 SCC 538is also equally relevant. This Court, while
enhancing the sentence observed, after characterising
the punishment as unconscionably lenient or a ‘flea-bite’
sentence, that consideration of undue sympathy in
such cases will lead to miscarriage of justice and
undermine confidence of the public in the efficacy of the
criminal justice system. In short, there cannot be any
doubt with respect to the position that in imposing
sentence the Court is to take into consideration the
nature of the offence, circumstances under which it was
committed, degree of deliberation shown by the
offender, antecedents of the offender upto the time of
sentence, etc., and, in the absence of any exceptional
circumstances, impose sentence in tune with the rule of
proportionality in providing punishment though it falls
within the realm of judicial discretion. {Para 17}
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. of 2024
(@ Special Leave Petition (Crl.) No. 11461 of 2022)
Baba Natarajan Prasad Vs M. Revathi
Author: C.T. RAVIKUMAR, J.
Dated: July 15, 2024.
Citation: 2024 INSC 523.
Read full Judgment here: Click here.
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