Flea-Bite

Posted on by Rudrajyoti Nath Ray

It is a fact, certain High Courts maintained a view, sentencing to undergo ‘imprisonment till rising of Court’ would be no sentence at all according to law. It cannot be said, imposing a sentence of ‘imprisonment till rising of Court’ is impermissible or an action amounting to evasion of statutory provisions.

However, we have no option but to hold, imposition of ‘imprisonment till rising of Court’ upon conviction for an offence under Section 494, IPC was unconscionably lenient or a flea-bite sentence. State of Karnataka v. Krishna, (1987) 1 SCC 538 is relevant. Court, while enhancing sentence, observed, consideration of undue sympathy in such cases will lead to miscarriage of justice.

– Hon’ble Justice C.T. Ravikumar, Baba Natarajan Prasad v. M. Revathi, [Special Leave Petition (Criminal) No. 11461 of 2022].

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.