NEW DELHI: The Supreme Court has criticised the Allahabad High Court for releasing on probation two men convicted for a 2003 knife and gun attack under a section related to good conduct, saying it amounted to “misplaced sympathy”.
A bench of Justices JB Pardiwala and K Vinod Chandran said the two convicts had gone scot-free without a single day of imprisonment despite “brutality” of the crime. “The circumstances of the case, including the nature of the offence and the character of the offender, should be the reigning factor in deciding as to whether it is expedient to release the accused on the premise of good conduct;
which in the facts of this case is lacking,” the bench said.
The bench set aside the HC order and directed the accused to surrender within two weeks, failing which additional sessions court, Bahraich, will take immediate proceedings to apprehend them.
The case relates to 2003 attack in Bahraich where the two accused allegedly attacked the victim with knife and firearm over property dispute, causing grievous injuries. A trial court convicted the duo under IPC sections, including 307 (attempt to murder), and sentenced them.
The HC, while upholding the duo’s conviction, released them on probation under section 4 of Probation of Offenders Act, 1958, on premise of good conduct. The UP government challenged the HC order in the Supreme Court arguing that the probation was granted without application of mind to gravity of offence.
The Supreme Court said the benefit of probation on good conduct is not automatic and must be decided based on circumstances, nature of offence and character of offender. Releasing convicts without imprisonment defeats ends of justice and shows misplaced sympathy. “The brutality of
the crime and the grievous nature of the injuries sustained by the victim ought to have persuaded the Court to draw an adverse inference on the aspect of ‘nature of offence’,” the bench said.
It said while reformative approach is welcome, it cannot be at cost of deterrence and justice to the victim. Courts must not be overly sympathetic to convicts in serious offences. The SC criticised the trial court for framing a charge under section 308 of IPC of 307 (attempt to murder).
‘Reformative action not at the cost of justice’
The SC said while reformative approach is welcome, it cannot be at cost of deterrence and justice to the victim. Courts must not be overly sympathetic to convicts in serious offences. The SC criticised the trial court for framing a charge under section 308 of IPC of 307 (attempt to murder).