Can't Impose Inadequate Sentence On Account Of Lapse Of Sufficient Time: Allahabad HC Awards Life Imprisonment In A 1982 Murder Case
2 years, 6 months ago

Can't Impose Inadequate Sentence On Account Of Lapse Of Sufficient Time: Allahabad HC Awards Life Imprisonment In A 1982 Murder Case

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Allowing a government appeal, the Allahabad High Court recently awarded life imprisonment to a man who had committed a murder in the year 1982. With this, the High Court set aside the acquittal order passed in favor of the accused by the Special Judge, Fatehpur in the year 1983.The Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar emphasized that merely after a lapse of sufficient. The Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar emphasized that merely after a lapse of sufficient time coupled with other factors, namely, the age of the accused and his resettlement, if any post acquittal by the trial court, cannot be a ground to bestow any benefit so as to wipe away the aftermath of commission of the crime. The Court also took into account other observations of the Trial Court to come to the conclusion that the judgment was purely based on presumption whereas direct evidence on record beyond any shadow of doubt proves the manner time and place in which the incident had taken place committed by the accused Ram Autar. "We cannot turn a blind eye to the highly perverse judgment passed purely on the basis of presumptions and by not reading the evidence as a whole and only picking up sentences in isolation from here and there from the statements of eyewitnesses, we are, therefore, of the opinion that while being conscious that no innocent person is punished, we are also duty bound to see that a guilty person does not go unpunished," the Court remarked Therefore, the Court concluded that the judgment of acquittal was patently illegal and the conclusion arrived at by the trial court was wholly untenable and required interference and reversal.

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