Don’t ignore others life
because of that life may bread and butters of Particular Family“Bearing in mind
the galloping trend in road accidents in India and the devastating consequences
visiting the victims and their families, criminal courts cannot treat the
nature of the offence under Section 304A IPC as attracting the benevolent
provisions of Section 4 of the PO Act. While considering the quantum of
sentence, to be imposed for the offence of causing death by rash or negligent
driving of automobiles, one of the prime considerations should be deterrence.”
(Dalbir Singh v. State of Haryana [(2000) 5 SCC 82).
In State of Karnataka v.
Krishna alias Raju [(1987) 1 SCC 538], while dealing with the concept of
adequate punishment in relation to an offence under Section 304-A of the IPC,
the Court stated that considerations of undue sympathy in such cases will not
only lead to miscarriage of justice but will also undermine the confidence of
the public in the efficacy of the criminal justice dispensation system. It need
be hardly pointed out that the imposition of a sentence of fine of Rs. 250 on
the driver of a Motor Vehicle for an offence under Section 304-A of the IPC and
that too without any extenuating or mitigating circumstance is bound to shock
the conscience of any one and will unmistakably leave the impression that the
trial was a mockery of justice. Thereafter, this Court enhanced the sentence to
six months rigorous imprisonment with fine of Rs. 1000 and, in default, to
undergo rigorous imprisonment for two months.
“Law demands that the offender
should be adequately punished for the crime, so that it can deter the offender
and other persons from committing similar offences. Nature and circumstances of
the offence; the need for the sentence imposed to reflect the seriousness of
the offence; to afford adequate deterrence to the conduct and to protect the
public from such crimes are certain factors to be considered while imposing the
sentence.” (State TR. P.S. Lodhi Colony, New Delhi v. Sanjeev Nanda [2012 (7)
SCALE 120)
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