RAJ BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In Gopal Singh v. State of Uttrakahand, 2013 7 SCC 545 while focusing on the gravity of the crime and the concept of proportionality as regards the punishment, the Court had observed:-

(2.) Seven years prior to that, in Shailesh Jasvantbhai v. State of Gujarat, 2006 2 SCC 359 it has been held that:-

(3.) It needs no special emphasis to state that prior to the said decision, there are series of judgments of this Court emphasizing on appropriate sentencing. Despite authorities existing and governing the field, it has come to the notice of this Court that sometimes the court of first instance as well as the appellate court which includes the High Court, either on individual notion or misplaced sympathy or personal perception seems to have been carried away by passion of mercy, being totally oblivious of lawful obligation to the collective as mandated by law and forgetting the oft-quoted saying of Justice Benjamin N. Cardozo "Justice, though due to the accused, is due to the accuser too" and follow an extremely liberal sentencing policy which has neither legal permissibility nor social acceptability.