Case Name : Jaswinder Singh (Dead) Through LR vs Najot Singh Sidhu & Ors Case Reference: (0000) 0 SCC 00 Case Number: Review Petition (Crl) No. 477/2018 in Crl. A. 60/2007 (SC) Court: Supreme Court Bench: AM Khanwilar; Sanjay Kishan Kaul Coram: 02 Date:19.05.2022
Hand of physically fit person can also be a weapon. A disproportionately light punishment humiliates and frustrates a victim of crime. Victim has a right to be heard at every stage. Near and dear ones of victim are to be treated as victims, whether they are guardians or legal heirs. Indifference to rights of victims of crime erodes faith of society in general and victim of crime in particular in the criminal justice system
Refer also: Rattiram vs State of MP, (2012) 4 SCC 516; Gopal Singh vs State of Uttarakhand, (2013) 7 SCC 545 - Punishment is collective cry of the society; however principle of proportionality between crime and punishment cannot be totally brushed aside Alister Anthony Pareira vs State of Maharashtra, AIR 2012 SC 3802 - Twin objective of sentencing policy to be kept in mind i.e., deterrence and correction.
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See also: IPC - Section 34 IPC - Section 323 CrPC - Section 2
PDF: Jaswinder Singh vs Najot Singh Sidhu, Rev P (Crl) 477-2018 (SC).pdf