AIR 2018 SUPREME COURT 3564 ::(2018) 3 CriLR(Raj) 821 ::2019 (3) SCC (Cri) 192 ::(2018) 3 CurCriR 266 ::2018 (4) KCCR SN 440 (SC) ::(2018) 3 AllCriR 2527 ::2018 CriLR(SC&MP) 821 ::(2018) 3 UC 1666 ::(2018) 3 RecCriR 950 ::(2018) 9 Scale 335 ::2018 CriLR(SC MAH GUJ) 821 ::(2018) 2 ALD(CRL) 751

Supreme Court Of India

(From: Rajasthan)

Hon'ble Judge(s): N. V. Ramana, Mohan M. Shantanagoudar , JJ

(A) Penal Code (45 of 1860) , S.53— Sentence - Proportionality - It is necessary to assess seriousness of offence in order to determine commensurate punishment for offender. @page-SC3565 Courts will have to take into account certain principles while exercising their discretion in sentencing, such as proportionality, deterrence and rehabilitation. In proportionality analysis, it is necessary to assess seriousness of offence in order to determine commensurate punishment for offender. Seriousness of offence depends, apart from other things, also upon its harmfulness. Principle governing imposition of punishment will depend upon facts and circumstances of each case. However, sentence should be appropriate, adequate, just, proportionate and commensurate with nature and gravity of crime and manner in which crime is committed. gravity of crime, motive for crime, nature of crime and all other attending circumstances have to be borne in mind while imposing sentence. Court cannot afford to be casual while imposing sentence, inasmuch as both crime and criminal are equally important in sentencing process. Courts must see that public does not lose confidence in judicial system. Imposing inadequate sentences will do more harm to justice system and may lead to a state where victim loses confidence in judicial system and resorts to private vengeance.(Para 10 ....