“No Accused Is Incapable Of Being Reformed”: Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case
Case: Babu v. State of U.P.
Coram: Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi
Case No.: Criminal Appeal No. – 2878 Of 2013
Court Observation: …no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream. The protection of society and stamping out criminal proclivity must be the object of law which can be achieved by imposing appropriate sentence on criminals and wrongdoers. Law, as a tool to maintain order and peace, should effectively meet challenges confronting the society, as society could not long endure and develop under serious threats of crime and disharmony. It is therefore, necessary to avoid undue leniency in imposition of sentence. Thus, the criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective. At the same time, undue harshness should also be avoided keeping in view the reformative approach underlying in our criminal justice system.
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