New Delhi: Hon’ble Supreme Court has pointed that the punishments awarded by the Courts in the relating to the acts against women is not in proportion to the gravity and magnitude of those offences.
As such it has also pointed that the there is need for ‘stricter yardstick’ for acting as deterrent, on the Sentencing policy which was adopted by the Courts while dealing with the cases of crime against the Women.
It was also observed by the Bench of honourable Apex Court headed by Chief Justice, H. L. Dattu, and also comprising of Justice S. A. Bobde and Justice A. Mishra that the rise in the crime rate against the women more particularly, the violent ones has resulted in the making the criminal sentencing a subject of more concern by the Courts.
As such the Top Court has stated that, there should be Stricter Yardstick in the matters of sentencing policies in relation to such cases against women, so that it will act as a deterrent.
The said observations are made by the concerned bench of Hon’ble Apex Court of India while dealing with the Rape- Murder cases, where accused persons were a Cab driver and his friend who were charged for committing Rape and thereafter murder of Pune based Victim- BPO employee of 22 years old in the year 2007.
The said Bench of Apex Court has awarded the death penalty (capital punishment) to the said Cab driver and his friend in that case.
It was mentioned by the Court that, the number of such cases where sentencing accused with the punishment which is not in proportion to the gravity and magnitude of the Offence, are ‘shockingly’ very large. And due to this, as further mentioned, the criminals are encouraging to crime and the Justice is being suffered ultimately by weakening the credibility of the System.
Punishing every crime or, as has been said by the Bench, that the crime should not go unpunished, should be the basic object of the Sentencing policy which Courts to follow and due to which the Victims of Crime, also Society will have satisfaction to the effect that the there is a real Justice done to it.
In the observation of the Court, on the Community and more particularly the Women who are working in the night shifts, the impact of such crimes is very huge.
Again, considering the impact of such crime like rape and murder, the bench specifically pointed that the society is having great shock due to such criminal cases, is true fact, however, all from such criminal acts may not result in revulsion in society. Showing judiciaries concern over the issue, it was also stated that some of such crimes are shocking the collectively the conscience of the both Court and Community.
by Faim Khalilkhan Pathan.