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The Supreme Court has modified a sentence of a convicted person in light of the fact that the convict had elderly parents and a minor son to look after.

The Top Court in its judgment, while modifying the sentence in an offence under Sections 344, 366 IPC read with Section 34 IPC, said,

“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.”

A Division Bench of Justice Ashok Bhushan and Justice R. Subhash Reddy, allowing the appeal in part, directed immediate release of the appellants considering that they have old age parents and a minor son to take care of.

The appeal was preferred against order dated 06.06.2019 passed by the High Court of Karnataka, confirming conviction and sentence of the appellants herein for offences under Sections 344 and 366 IPC.

Appellants along with other accused were charge sheeted for offences punishable under Sections 143, 147, 120-B, 366, 344, 376, 506 read with Section 149 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

The Sessions Court convicted accused no 1 for offences punishable under Sections 344, 366 IPC and Section 6 of POCSO Act and the appellants herein for offences under Sections 344, 366 read with Section 34 IPC. The sentencing imposed was one year for offence under Section 344 IPC and a fine of Rs 2000 with two years imprisonment for offence under Section 366 IPC.

Aggrieved by the conviction recorded and sentence imposed, An appeal was preferred to High Court of Karnataka, Dharwad Bench which was dismissed by the impugned judgment dated 06.06.2019.

The bench observed, “In the present case, the main accusation was against accused no 1, who is convicted for offences punishable under Sections 344, 366, IPC and Section 6 of POCSO Act and sentenced to undergo imprisonment for a period of 10 years. Even in the complaint, it was mentioned that accused no 1 was in love with the victim girl PW 2. It is also the case of the appellants that PW 1 was not a direct witness to the incident and PW 2 has been tutored by PW 1. The alleged incident is of the year 2014 and we are informed that appellants have already served sentence of about three months and paid fine amount. They specifically pleaded that there is no one to take care of their minor son and old age parents.”

It was therefore 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 be released forthwith unless otherwise their custody is required in connection with any other case.”

Case Title: K. Prakash v. State of Karnataka | CRIMINAL APPEAL NO. 336 of 2021