126
each case and the court must keep in mind the gravity of the crime,
motive for the crime, nature of the offence and all other attendant
circumstances. The principle of proportionality in sentencing a crime
doer is well entrenched in criminal jurisprudence. As a matter of law,
proportion between crime and punishment bears most relevant
influence in determination of sentencing the crime doer. The court
has to take into consideration all aspects including social interest and
consciousness of the society for award of appropriate sentence”.
Protection of society and deterring the criminal is the avowed
object of law and that is required to be achieved by imposing an
appropriate sentence. The sentencing courts are expected to consider
all relevant facts and circumstances bearing on the question of
sentence and proceed to impose a sentence commensurate with the
gravity of the offence. Courts must hear the loud cry for justice by the
society in cases of heinous crime and when the offence is committed
where the victim is a women. In this present case the crime
committed is a crime against woman. Crimes against women are
increasing day by day even in the virtual world and this is high time
when stringent measures are to be adopted to suppress this menace.
While dealing with section 4 of the Probation of Offenders Act,
1958 it was observed that in such case that section 4 of Probation of
Offenders Act could be restored to when court considers the
circumstances of the case, particularly the nature of the offence, and
the court forms its opinion that it is suitable and appropriate for
accomplishing a specified object that the offender can be released on
probation of good conduct. This court is not in a state of mind to
apply section 4 of the Probation of Offenders Act as well as section
360 Cr. PC considering the galloping trend in sexual harassment of
women
in
India
354A/354C/354D/509
when
the
offences
of
Indian
Penal
is
Code
related
and
to
u/s
sections
66E/66C/67/67A Information Technology Act 2000 (Amendment 2008)
as it would convey a wrong message to the society. While considering
the quantum of sentence to be imposed for such an offence one of
the prime considerations should be deterrence. Undue sympathy to
impose inadequate sentence would do more harm to the justice
system to undermine the public confidence in the efficacy of law and
society could not long endure under such serious threats. So, it is the
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos