STATE Vs. ANTHONY VAZ

JUDGEMENT

(1.) WE have heard the learned Addl. S. P. P. in support of the appeal. His principal contention is that injury No. 3, which was inflicted on the girl Latitia Menezes, indicates that there was a chip fracture of the right ulna. His submission is that, since there was a fracture injury, Section 326 was invoked and the second submission canvassed is that this was a case where a sword had been used in the assault against a young woman and that, therefore, the trial court was wrong in having shown leniency in the matter of sentence. Lastly, the learned S. P. P submitted that such undue leniency/sympathy would create a wrong precedent.

(2.) DEALING with the third submission first, what we need to point out is that undoubtedly, the trial courts are required to impose sentences that are fair and reasonable and in consonance with the gravity of the offences. Undue lenience is contra indicated, but at the same time, the doctrine of sentencing prescribes that harshness and vindictiveness must also be avoided at all costs. Recent trends, which are more reformative, have impelled the courts to temper the sentences with a level of compassion because the courts take full cognizance of several facators viz. , the length of the trial and the trauma, which the accused has to undergo. These are some of the factors, which need to be borne in mind while ascertaining as to whether the sentence was adequate or not.

(3.) THERE is one other principle which is predominant in cases of this class viz. , that it is now well settled law that the trial judge is the best authority to assess the special facts and circumstances of a case, because it is that officer, who has conducted the trial, has had an opportunity of assessing lots of features that are not represented in the appeal paper book and more importantly, of hearing the parties on the question of sentence. Where judicial discretion has been exercised, an appeal court would be slow in interfering with that order unless it is demonstrated that the decision is rankly perverse or that it has resulted in a gross miscarriage of justice.