Sentencing should be stern, wrong acquittal of accused sends wrong signal to society, says court

The sentencing process of convicts should be stern as wrong a acquittal will send a wrong signal to the society, observed a Delhi court, while sentencing a man to 16 months in prison for attacking a woman.

Additional Sessions Judge Satinder Kumar Gautam said the principle that no innocent man should be punished is equally applicable to no guilty man being allowed to go unpunished. He added that the courts, while awarding sentences, are expected to operate in such a way that it reflects the conscience of the society.

The court's observations came while sentencing a man to 16 months in prison with a fine of Rs 15,000 for restraining and attacking a 22-year-old woman in August last year.

The court said wrong acquittals had chain reactions and would ultimately result in people losing confidence in rule of law.

"Wrong acquittal of the accused will send a wrong signal to the society. Wrong acquittal has its chain reactions, the law breakers would continue to break the law with impunity people then would lose confidence in criminal justice system and would tend to settle their score on the street by exercising muscle power and if such situation is allowed to happen, woe would be the Rule of Law," the court observed.

The court further said that criminal justice system must be alive to the expectation of people.

"It is also admitted position of law that it must be borne in mind that criminal justice system must be alive to the expectation of the people. The principle that no innocent man should be punished is equally applicable that no guilty man should be allowed to go unpunished," it further observed.

On August 18 last year, the woman was returning to her home in West Vinod Nagar when she was attacked by Sonu Kumar on her face with a sharp object.

The court sent Kumar to 16 months in prison under Section 506 (criminal intimidation), 341 (wrongful restraint) and 325 (voluntarily causing grievous hurt) of the Indian Penal Code.