STATE OF U.P. Vs. YUDHISHTHIR SINGH

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of respondent Yudhishthir Singh is taken on record.

(2.) Heard Sri B.M. Sahai, learned counsel for the respondent Yudhishthir Singh on quantum of sentence. It is submitted by Mr. Sahai that presently accused Yudhishthir Singh is 82 years of age. The respondent is suffering from neuro problems, he cannot even walk without support and due to infirmity he deserves mercy. Yudhishthir Singh was lecturer in Mahatma Gandhi, Inter College, Safipur, Unnao who retired from the post of Principal. As a Principal he earned name and fame whose conduct was excellent. He got an appraisal letter and teachers honour certificate which is annexure SA2 on record. The occurrence is of the year 1978 to which 38 years have elapsed.

(3.) The occurrence took place 38 years ago. The appeal against acquittal was filed in Jan., 1982. Presently the convict is 82 years of age. In the interregnum period the respondent served as a Lecturer and a Principal. We are conscious that the crime is affront to the human dignity, however, considering the old age of the respondent convict and the willingness of the respondent to pay compensation and the long lapse of period are indeed considerations which may weigh in favour of the respondent for not being awarded a long sentence of imprisonment. But then the interest of the victim of the crime have also to be kept in view. Keeping in view the consideration of the human factor involved and the interests of the victims to whom mere imprisonment of respondent at this belated stage would not offer much solace, it is necessary to strike a balance between these disparate considerations and keeping in view the fact that the respondent is willing to pay compensation to the victims, it would be appropriate to confine his sentence of imprisonment to already undergone. and to invoke the provision of Sec. 357 Crimial P.C. Sec. 357 Crimial P.C. provides basic frame work for compensation to the victims.