Supreme Court: Factors Not So Relevant For Determining Guilt Of Accused Can Be Considered At Stage Of Sentencing

Supreme Court: Factors Not So Relevant For Determining Guilt Of Accused Can Be Considered At Stage Of Sentencing

The Supreme Court (SC) on 19 March 2021, in the case titled K. Prakash (Appellant) v. State of Karnataka Factors (Respondents) stated that the factors that may not be relevant to determine the guilt of the accused can be considered at the stage of sentencing.

The SC bench consisting of Justices Ashok Bhushan and R. Subhash Reddy had issued a notice in the Special Leave Petition (SLP) limited to the quantum of sentence only.

It clarified that "Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing. While imposing the sentence, all relevant factors are to be considered, keeping in mind the facts and circumstances of each case."

The factual matrix of the case is that the appellant along with other accused persons was convicted under Sections 344 and 366 of the Indian Penal Code (IPC) for allegedly conspiring with the other accused to kidnap a minor girl.

The accused persons were sentenced to undergo simple imprisonment for one year for committing offence under Section 344 of IPC and a fine of Rs.2000/-. They were also charged under Section 366 of IPC wherein they were given two years of simple imprisonment and a fine of Rs.5000/-.

The main accused was found guilty of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act) as well in addition to the aforesaid charges.

An appeal was filed before the Karnataka High Court (HC) which was dismissed by the HC and hence the accused persons approached the Top Court.

The Apex Court noted that, even in the complaint, it was mentioned that the main accused was in love with the victim girl. It was further alleged that the incident took place in 2014 and they had already served a sentence of about three months and paid the fine amount.

It further considered the accused's submission that there is no one to take care of their minor son and old age parents.

After considering the above material on record the SC partly allowed the appeal. It confirmed the conviction recorded and fine imposed while modifying the sentence on the accused of the period already undergone.

The SC bench held, "In view of the peculiar facts and circumstances of the case while confirming the conviction recorded and fine imposed, we modify the sentence on the appellants for the period already undergone. The appellants shall be released forthwith unless otherwise their custody is required in connection with any other case."