Sentencing, though discretionary power of Courts, should be proportionate to gravity of the offence

Allahabad High Court: The appellant had filed this jail appeal before a Division Judge Bench comprising of Sudhir Agarwal and Om Prakash-VII, JJ., against his conviction and sentence order passed by Additional District Judge under Sections 489-B and 489-C IPC where he had to undergo imprisonment for life with fine, and imprisonment for 7 years with fine for the respective offence to be run concurrently.

Facts of the case were that the appellant was found to carry counterfeit currency for which he was brought before Sessions Court where prosecution proved charges against the appellant beyond reasonable doubt. Appellant contended that minimum punishment for the offence under Section 489-B was 10 years and the imprisonment awarded to him was life imprisonment. He submitted that he was not a habitual offender and no other case was pending against him. It was pertinent to note the fact that the matter dates back to 2008 and he had already undergone imprisonment for more than 10 years. Whereas the respondent supported the findings of the trial court that the case to have been proved beyond reasonable doubt. No leniency to the appellant was to be shown as per respondent as the crime was committed to jeopardize the economic condition of the country.

High Court found no reason to interfere with the finding that the case was proved against the appellant beyond the reasonable doubt and decided only on the sentence imposed upon the appellant. It was to be kept in mind that deciding sentence is a matter of discretion where punishment should be proportionate to the gravity of the offence. Therefore, appellant’s sentence for punishment under Section 489-B was decreased to 14 years imprisonment on the ground of the sentence passed by trial court being excessive, exorbitant and harsh with other punishment to remain intact. [Abdul Gaffar v. State,2018 SCC OnLine All 2759, Order dated 20-11-2018]

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