Whether the court should impose imprisonment till rising of court punishment if minimum punishment is not prescribed?

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.

Print Page