Gravity Of Crime Prime Consideration While Sentencing; Undue Sympathy May Affect People’s Faith In Efficacy Of Law

Case: Sahebrao Arjun Hon vs Raosaheb Kashinath Hon

Coram: Justices Surya Kant and Abhay S. Oka

Case No.: CrA 1499 OF 2022

Court Observation: “As far as the sentencing is concerned, the judicial discretion is always guided by various considerations such as seriousness of the crime, the circumstances in which crime was committed and the antecedents of the accused. The Court is required to go by the principle of proportionality. If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law. It is the gravity of crime which is the prime consideration for deciding what should be the appropriate punishment.”

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