“Imprisonment for Life in 28-Year-Old Case: ‘Awarding Death Sentence Would Not Be Appropriate,’ Rules Supreme Court”
In a significant ruling, the Supreme Court of India today overturned the acquittal of respondent no.2, convicting him under Section 302 and 307 of the Indian Penal Code (IPC). The Court stated, “Considering the facts and circumstances of the case… awarding death sentence would not be appropriate,” settling for life imprisonment and rigorous imprisonment of seven years.
The Bench, comprising Justices SANJAY KISHAN KAUL, ABHAY S. OKA, and VIKRAM NATH, highlighted the age of the case, stating it dated back to the year 1995. They deemed a death sentence to be disproportionate given the case’s age, thereby sentencing the accused to life imprisonment under Section 302 IPC and a fine of Rs. 20 lacs. For the offense under Section 307 IPC, the Court ordered a 7-year rigorous imprisonment along with a fine of Rs. 5 lacs.
The Court took a unique stance on the fine distribution, mentioning that “the fine has been awarded considering the shocking facts and circumstances of the case.” It used Section 357 of the Code of Criminal Procedure (CrPC) to direct that the fine be utilized for compensating the victim’s family and the legal heirs of the deceased.
Adding a further twist, the Court criticized the State’s role in the prosecution. It remarked, “We are not inclined to grant any such expenses to the State considering the fact that the State, in fact, did not prosecute the case fairly, rather throughout assisted the accused.” Consequently, additional compensation was awarded under Section 357-A of the CrPC.
In terms of compliance, the Court ordered the fine and compensation to be deposited within two months, with a compliance report due in four months. The appeal was disposed of as per the guidelines, wrapping up this long-standing case.
Date of Decision: 01 September 2023
HARENDRA RAI vs THE STATE OF BIHAR & ORS.
