Supreme Court Upholds Rigorous Imprisonment in Parameshwari v. State of Tamil Nadu, Supreme Court Reinforces Principles of Sentencing, Overturns High Court's Reduction of Sentence
In a significant ruling, the Supreme Court of India has reinstated the rigorous imprisonment of three years for the respondents in the case of Parameshwari v. State of Tamil Nadu. The apex court's judgment overturned the Madras High Court's decision, which had reduced the sentence to the period already served by the respondents, citing the lapse of time since the crime and the subsequent death of the victim in unrelated circumstances.
The case revolved around the grievous assault of a victim by the respondents, who were initially sentenced to three years of rigorous imprisonment by the Trial Court. The High Court had subsequently altered this sentence to time served, which was two months, while increasing the fine imposed to Rs. 50,000 each. This reduction was challenged, and the Supreme Court found that the High Court had erred in its judgment by not adhering to established principles of sentencing.
The Supreme Court emphasized the necessity of maintaining public confidence in the justice system by ensuring that sentences are commensurate with the gravity of the crime. It highlighted the principles of proportionality, societal impact, and the balance of aggravating and mitigating factors in sentencing. The Court reiterated that compensation to victims should not replace punitive measures and underscored the importance of adequate deterrence in sentencing.
The judgment reinforces the role of the judiciary in not only punishing the offender but also in sending a clear message against leniency in serious crimes. The Supreme Court directed the respondents to surrender and serve the remainder of their sentences, affirming the original conviction and sentence passed by the Trial Court.
Bottom Line:
Sentencing Policy - Courts must adhere to the principles of proportionality, ensuring that the punishment reflects the gravity of the crime, while also taking into consideration the societal impact and the rights of the victim
Statutory provision(s): Indian Penal Code, 1860 Sections 307, 326, 324; Criminal Procedure Code, 1973 Section 357; Bhartiya Nagarik Suraksha Sanhita, 2023 Section 395
Parameshwari v. State of Tamil Nadu, (SC) : Law Finder Doc id # 2854324
