ANIL KUMAR Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) Punishment has to be tampered with mercy. An unjust sentence causes more harm than good. The person punished feels cheated and those who see the sentence imposed develop hatred for the system.

(2.) You hurt me and I will hurt you. If I cannot hurt you myself, I demand that you should be hurt by others, are concepts of punishment i.e. retribution which have no place in civil society. The idea expressed by Sir James Stephen in the 19th century, when he said : 'it is highly desirable that criminals should he hated, that the punishment should be so contrived as to give expression to that hatred, and to justify by gratifying a healthy natural sentiment', is also irrelevant today. The philosophy of Socrates and Hobhouse who questioned whether the infliction of evil upon anyone can ever be in itself good finds acceptability. It is well recognised even otherwise the concept of retribution with object of punishment, implies relationship between the severity of punishment and the degree of guilt.

(3.) In the background of the philosophy of law above noted we proceed to note the facts.