Compromise Between Accused & Victim Cannot Be Solidary Basis For Reduction Of Sentence: SC

Key Takeaways

• Accused convicted under Section 326 of IPC for causing grievous hurt.
• Supreme Court said that when giving punishment, the aggravating and mitigating factors of the crime have to be considered.
• Court cannot ignore brutality even if compromise is reached between the accused and victim. Giving punishment is at the heart of the criminal justice delivery system.

Facts of the Case

• The victim was attacked by the appellant who gave a blow using a sword on the victim’s right leg. He also suffered a blow to the right arm which was detached. The injuries left the victim in a critical condition and the medical professionals stated that the only thing that could make the victim survive was his strong will.
• The accused were convicted under Section 326 of IPC, which addressed voluntarily causing grievous hurt. On appeal to the High Court, the Court found the appellant guilty.
• On appeal to the Supreme Court, the victim and the appellant filed a compromise affidavit, stating they have settled their dispute in an amicable manner and the incident was a mere misunderstanding.

Judgement

• The Supreme Court however did not give a benefit from the compromise. It stated that the appellant has been rightly held guilty for offence under Section 326 IPC
• The Court observed that when awarding a sentence, the “aggravating and mitigating factors and circumstances of which the crime has been committed are to be taken into consideration and to be delicately balanced on the basis on relevant circumstances.”
• Further the Court believed that it could not ignore brutality, as it was not simply a crime against the individual but against the society as well, and had to be addressed sternly. The Court stated “Giving punishment to the wrong doer is at the heart of the criminal delivery system.”
• Here the comprise entered could not be considered alone and other aggravating circumstances have to be considered when awarding punishment, and in the present case, this is the suffering caused to the victim.
• The appeal was dismissed.

Questions

• Did the Supreme Court agree with the decision of the High Court?
• What were the aggravating and mitigating circumstances to be considered in the case, when awarding punishment?