Punishment not sole form of delivering justice, says SC


New Delhi, Sep 29 | The Supreme Court on Wednesday held that handing out punishments is not the sole form of delivering justice, as it quashed criminal proceedings and set aside the conviction of the accused in two appeals.

A bench of Chief Justice N.V. Ramana and Justice Surya Kant, observed that criminal proceedings involving non-heinous offences or where the offences are predominantly of a private nature, can be annulled, irrespective of the fact that the trial has already been concluded or appeal against conviction stands dismissed.

“Handing out punishment is not the sole form of delivering justice. Societal method of applying laws evenly is always subject to lawful exceptions,” it said.

The bench said the high court, noting the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 of the CrPC, even if the offences are non-compoundable.

The bench emphasised that the touchstone for exercising the extraordinary power under Section 482 would be to secure the ends of justice. However, grave offences, or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society, cannot be construed betwixt two individuals or groups only, as they have the potential to impact the society at large, it noted.

The top court said the high court can “adopt a pragmatic approach, to ensure that the felony, even if goes unpunished, does not tinker with or paralyse the very object of the administration of criminal justice system”.

It emphasised powers of the high court, under Section 482 of the CrPC, and the Supreme Court, under Article 142 of the Constitution, ought to be exercised carefully in the context of quashing criminal proceedings.

“In doing so, due regard must be given to the overarching objective of sentencing in the criminal justice system, which is grounded on the sublime philosophy of maintenance of peace of the collective and that the rationale of placing an individual behind bars is aimed at his reformation,” it noted.

The top court invoked powers under Article 142 and quashed criminal proceedings and consequently set aside the conviction in both the appeals, against the Madhya Pradesh High Court and Karnataka High Court verdicts, where the non-compoundable offences were not compounded, even after the parties had reached a settlement.

Source: IANS

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Share Market Closing Bell: Nifty ends below 16,100, Sensex falls 303 pts

Share Market Closing Bell: Nifty ends below 16,100, Sensex falls 303 pts

Dalal Street found no relief with incessant sell off during the month. Nifty traded on a bearish note and ended at 16025.80 with loss of 99.35 points or 0.62 percent following weak global cues on Wednesday. While Banknifty closed at 34339.50 on the higher side with marginal gain of 49.35 points.

bhaskarlive market closing

The weakness in US stocks is playing out globally with signs of higher inflation, which has spoiled investors’ appetite for the Indian market as well. Rising India VIX to 25.28 has led Indices to big intraday swings on both sides. Sectorally maximum sectors closed on the negative side as Nifty IT and Nifty Media sheds more than 3 percent each. While Nifty Financial Services ended on a positive side gaining 0.68 percent.

In nifty stocks, NTPC, HDFCLIFE, SBILIFE were the top gainers while ASIANPAINT, ADANIPORT and TECHM were the prime laggards. Coming to the OI Data, on the call side highest OI witnessed at 16200 followed by 16300 strike price while on the put side, the highest OI was at 15800 strike price. Technically, Nifty has formed three black crow patterns in the daily chart suggesting bearishness would remain intact. We expect a rise in volatility as well on monthly expiry day.

Riding against the trend may not be beneficial for short term traders. All major moving averages are lying above 16300 levels. Indicators such as MACD and RSI are still struggling to overcome the oversold zone in the daily time frame. Overall, Nifty is having support at 15800 mark while on the upside 16300 may act as an immediate resistance for monthly expiry. While Banknifty has support around 33500 while resistance is placed at 35200 on the daily chart.

Om Mehra
Research Associate
Choice Broking

Source: Choice India


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