‘Victim’s hand, leg chopped off’: SC holds compromise only can’t change sentence

Prime News, National (New Delhi), September 21:- The Supreme Court on Monday said that a compromise reached between the victim and convict cannot be the solitary basis to mould a sentence, as it emphasised that giving punishment to the wrongdoer is the heart of the criminal delivery system.

A bench of Justices Ajay Rastogi and Abhay S. Oka said: “The compromise cannot be taken to be a solitary basis until the other aggravating and mitigating factors also support and are favourable to the accused for moulding the sentence which always has to be examined in the facts and circumstances of the case on hand.”

The court’s stand came as it dismissed a plea filed by Bhagwan Narayan Gaikwad challenging the Bombay High Court’s order, sentencing him to five years in jail and to pay Rs two lakh compensation to the victim whose leg and hand were chopped off by him along with others on December 13, 1993.

The bench noted that it was not satisfied with the kind of compromise which has now been obtained and placed on record after 28 years of the incident. “This court cannot be oblivious of the sufferings which the victim has suffered for such a long time and being crippled for life,” it noted.

It further added that the victim, pursuing his daily chores with a prosthetic arm and leg, has lost his vital organs of his body and become permanently disabled, and such act of the appellant is unpardonable. (MR, Inputs: Agencies).

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