Hearing arguments on the quantum of punishment to be awarded to the State Transport bus driver, Santosh Mane who mowed down 9 persons and injured another 36 in 2012, the Bombay High Court today posed a question whether such person could be allowed to be part of the society.
"Can such a person be permitted to be a part of the society?" asked Justices V M Kanade and P D Kode, while hearing an appeal filed by Mane against the death sentence awarded to him by a Pune court.
The judges remarked that if the person who committed such a dastardly act was let off leniently, then there could be others who could commit similar acts.
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"(The question is) Whether the society can tolerate such acts? This goes against the degree of recklessness. If such a thing of one person is tolerated, then others could commit similar offence," remarked justice Kode.
Seeking confirmation of Mane's death sentence, public prosecutor Sandeep Shinde argued that as per Supreme Court judgements, dependency, poverty and age cannot be mitigating circumstances to award lesser punishment on the convict.
"Poverty and socio-economic psyche and adverse situations shall be considered if they play a major role in the commissions of the offence, otherwise it shall not be considered as mitigating circumstances," he argued.
Citing an example, Shinde said that if out of poverty, if a person commits dacoity to sustain his family then it could be considered a mitigating circumstance. However, in the present case, Mane went on a rampage and killed innocent persons who could not defend themselves.
While imposing the punishment, the courts should not only consider the circumstances of the accused, but also of the victims, Shinde contended.
Shinde also argued that the courts cannot ignore public outcry as people look up to the courts for justice.
The High Court, which had earlier upheld Mane's conviction, will continue to hear arguments on quantum of punishment tomorrow.
Mane, a former driver with State Transport, had mowed down 9 people in a fit of maniacal driving on January 25, 2012. He had hijacked an empty bus from Swargate depot and drove it like a madman until the police and some passers-by overpowered him.
