Tenant Who Pays Rent After Verifying Landlord’s Will Cannot Dispute His Title Under Section 116 Evidence Act: Himachal Pradesh High Court Dismisses Eviction Challenge by HP State Cooperative Bank Clever Drafting Cannot Override Limitation Bar: Gujarat High Court Rejects Suit for Specific Performance Once Divorce by Mutual Consent Is Final, Wife Cannot Pursue Criminal Case for Stridhan Without Reserving Right to Do So: Himachal Pradesh High Court Freedom of Speech Ends Where National Security Begins: Allahabad HC Rejects Neha Singh Rathore’s Anticipatory Bail Juvenile Cannot Be Jailed Even During Age Inquiry: Allahabad High Court Declares 8-Year Custody of Murder Accused Illegal Mere Passage of Time Is No Ground for Bail under Gangster Act: Allahabad High Court Rejects Second Bail Plea of Habitual Offender Judicial Discretion Permits Tailored Sentencing Even in Heinous Offences: Supreme Court Merely Three Generic Questions Asked Under Section 313 CrPC – This is Not Compliance, But a Mockery of Due Process: Supreme Court Courts Cannot Evade Responsibility by Calling Their Own Orders Ambiguous: Supreme Court Revives Contempt Plea in Land Acquisition Case Conviction Can Stand, But Sentence Must Serve Justice: Supreme Court Reduces Imprisonment in Grievous Hurt Case After Compromise Between Parties Explanation to Section 6 of the Hindu Succession Act Makes It Abundantly Clear That Pre-2005 Partitions Cannot Be Reopened: : Orissa High Court Dismisses Daughters’ Claim No Valid ‘Nikah’ Without Halala Compliance: Kerala High Court Sets Aside Maintenance Order Amid Dispute Over Muslim Woman’s Remarriage With Former Husband Custodial Beating Not Part of Official Duty: Madhya Pradesh High Court Rejects Police Officer’s Plea for Protection Under Section 197 CrPC Void Marriage Cannot Confer Legal Status: Madhya Pradesh High Court Upholds Injunction Against Woman Claiming Wife’s Status in Bigamy Dispute Adult Sons Can't Hide Behind Mother's Saree to Excuse Inaction: Orissa High Court Refuses to Condon Delay in Restoration Plea Judicial Service Exam Cannot Sustain on Legal Inaccuracy: Karnataka High Court Intervenes to Correct Legal Misinterpretation in Judicial Exam Answer Key POCSO Charges Fail Without Proof of Minority: Karnataka High Court Acquits Accused in Rape Case Mere Caste Identity Not Enough to Prove Atrocity: Supreme Court Acquits Two in SC/ST Act Case, Slams “Perverse” High Court Inference Section 482 BNSS | Anticipatory Bail Cannot Be Granted Mechanically by Ignoring Status Report & Accused’s Conduct: Supreme Court Mere Presence or Relationship Is Not Enough—Prosecution Must Prove Participation and Common Intention Under Section 34 IPC: Allahabad High Court Delay in Test Identification & Absence of Motive Fatal to Prosecution: Allahabad High Court Acquits Man for Murder Tokre Koli or Dhor Koli – Both Stand on Same Legal Footing: Bombay High Court Slams Scrutiny Committee for Disregarding Pre-Constitutional Records Evidence of Injured Eye-Witnesses Must Be of Sterling Quality — Not of a Doubtful and Tainted Nature: Bombay High Court Acquits Five Life Convicts in Murder Case Refund of Provisional Pilferage Amount Is Lawful If Theft Not Proved: Calcutta High Court Upholds Acquittal in Electricity Theft Case Order 7 Rule 11 CPC | Plaint Cannot Be Rejected by Conducting Mini-Trial on Disputed Facts: Delhi High Court Section 17 PWDV Act | Senior Citizen’s Peace Trumps Daughter-in-Law’s Residence Right Where Alternative Accommodation Provided: Delhi High Court Access Must Meet Agricultural Necessities, Not Mere Pedestrian Use: Karnataka High Court Modifies Easement Width from 3 to 6 Feet Section 302 IPC | Suspicion Cannot Substitute Proof: Kerala High Court Acquits Man in Septic Tank Murder Case Domestic Violence Allegations Can’t Always Be Painted as Attempt to Murder: Meghalaya High Court Invokes Section 482 CrPC to Quash Matrimonial Assault Case Post-Settlement

Punishment Must Fit Not Just the Crime, But Also the Criminal—Punjab & Haryana High Court Reduces Sentence of Man Convicted 11 Years Ago

10 August 2025 5:59 PM

By: Deepak Kumar


“Awarding Sentence Is Not a Mere Ritual; It Must Reflect the Possibility of Reform”— In a compassionate and reasoned judgment Punjab and Haryana High Court ruled that sentencing is “not a mere formality,” and reduced the sentence of a man convicted under Sections 452, 323, and 325 of the IPC to the period already undergone. While upholding the conviction, the Court emphasized the importance of individualized sentencing, observing that the accused had already spent six months and 21 days in custody, had shown no signs of recidivism, and was seeking to live a peaceful life.

Justice Harpreet Singh Brar, delivering the verdict in Rajinder Singh v. State of Punjab (CRR-1208-2025), observed:

“After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality, to ensure the sentence is neither excessively harsh nor does it come across as lenient.”

The High Court was considering a revision petition filed by Rajinder Singh, challenging only the quantum of his sentence, not the conviction itself. The petitioner had been convicted in 2017 and sentenced to two years rigorous imprisonment under Sections 452 and 325 IPC, and one year under Section 323 IPC, with all sentences to run concurrently. His appeal was dismissed earlier this year by the Additional Sessions Judge, Hoshiarpur.

However, before the High Court, the petitioner restricted his challenge to the sentence alone, contending that:

“He has already undergone six months and 21 days in custody and is not involved in any other criminal activity.”

The Court noted that the trial had dragged on for more than 11 years, and that the accused had now grown into a law-abiding citizen seeking a second chance.

Referring to the Supreme Court’s decision in Deo Narain Mandal v. State of U.P. (2004) 7 SCC 257, the Court reiterated:

“Awarding of sentence is not a mere formality. When a minimum and maximum term is prescribed by statute, a discretionary element is vested in the Court, to be exercised judiciously—not arbitrarily or whimsically.”

It further drew strength from Ravada Sasikala v. State of A.P., AIR 2017 SC 1166, which emphasizes that:

“Imposition of sentence also serves a social purpose, as it acts as a deterrent... but opportunities of reformation must be granted.”

After examining the custody certificate, the Court concluded that there was no justification to keep the petitioner incarcerated any further. It held:

“It would be in the interest of justice if the sentence awarded to the petitioner is reduced to the period already undergone by him.”

Affirming the conviction, the Court modified the sentence as follows:

“The sentence of rigorous imprisonment for a period of two years and fine, along with the default mechanism, is reduced to the period already undergone. The petitioner is directed to be released forthwith from jail, if not required in any other case.”

This judgment stands as a reaffirmation of the reformative spirit of criminal jurisprudence, sending a clear message that punishment must be tempered with mercy where warranted. The Court’s intervention underscores the belief that:

“Justice is not only about punishing wrongdoing—it is also about recognising redemption.”

Date of Decision: August 5, 2025

Latest Legal News