9911796707
TMI Blog1999 (10) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... I.P.C, but altered the sentence to the period of imprisonment already undergone (without stating actual period of imprisonment undergone by the respondent) plus a fine of ₹ 5000 in default of payment R.I. for six months. The respondent along with two others was charged under Section 302 read with Sections 307 and 34 I.P.C. for committing the murder of one Shyamadeo in Sessions Case No. 233 of 1980. The Sessions Judge, Ballia by his judgment and order dated 28.11.1980 convicted the respondent under Section 304 I.P.C. and sentenced him to undergo eight years R.I. Aggrieved by the said order, respondent preferred an appeal before the High Court and at the time of hearing opted not to challenge the findings of conviction recorded by the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... andra Daga etc. v. State of Maharashtra 1968CriLJ1469 , wherein this Court held : In our opinion, it is very wrong for a court to enter into a bargain of this character. Offences should be tried and punished according to the guilt of the accused. If the Court thinks that leniency can be shown on the facts of the case it may impose a lighter sentence. But the court should never be a party to a bargain by which money is recovered for the complainant through their agency. We do not approve of the action adopted by the High Court. 5. Again the question of plea bargain was considered by this Court in Murlidhar Meghraj Loya v. State of Maharashtra 1976CriLJ1527 , and disapproved by following succinct observation: To begin with, we are fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fences, this practice intrudes on society's interest by opposing society's decision expressed through predetermined legislative fixation of minimum sentences and by subtly subverting the mandate of the law. The jurists across the Atlantic partly condemn the bad odour of purchased pleas of guilt and partly justify it philosophically as a sentence concession to a defendant who has by his plea 'aided in ensuring the prompt and certain application of correctional measures to him' : In civil cases we find compromises actually encouraged as a more satisfactory method of settling disputes between individuals than an actual trial. However, if the dispute....finds itself in the field of criminal law, Law Enforcement repudiates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The entire approach of the Court to the assessment of the evidence would be likely to be different when there is an admission of guilt by the accused. Similarly, in Thippaswamy v. State of Karnataka 1983CriLJ1271 , Court observed that it would be violative of Article 21 of the Constitution to induce or lead an accused to plead guilty under a promise or assurance that he would be let of f lightly and then in appeal or revision, to enhance that sentence. In such cases, the Court of appeal or revision should set aside the conviction and sentence of the accused and remand the case to the trial court so that the accused can, if he so wishes defend himself against the charge and if he is found guilty, proper sentence can be passed against him. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rary to public policy to allow a conviction to be recorded against an accused by inducing him to confess to a plea of guilty on an allurement being held out to him that if enters a plea of guilty, he will be let of f very lightly. Such a procedure would be clearly unreasonable, unfair and unjust and would be violative of the new activist dimension of Article 21 of Constitution unfolded in the case of Maneka Gandhi v. Union of India [1978]2SCR621 . It would have the effect of polluting the pure fount of justice, because it might induce an innocent accused to plead guilty to suffer a light and inconsequential punishment rather than go through a long and arduous criminal trial which, having regard to our cumbrous and unsatisfactory system of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
