The Supreme Courtroom has slammed the Uttarakhand authorities for submitting a “frivolous” attraction difficult discount of sentence of a person in a case of tried homicide.
A bench of Justices Dinesh Maheshwari and Vikram Nath famous that the counsel for the accused didn’t problem the conviction earlier than the Uttarakhand Excessive Courtroom and solely argued for discount of sentence and the lawyer for the State didn’t oppose such a prayer for discount of sentence.
The Supreme Courtroom dismissed the petition filed by the Uttarakhand authorities with a warning to the State that some other try of frivolous litigation on this court docket could also be visited with penalisation of the officers accountable for sanctioning.
“It’s quite disturbing to notice that in such a matter, the place the State’s counsel earlier than the excessive court docket didn’t even oppose the prayer for discount of sentence and the excessive court docket made slight modification within the sentence contemplating the info and circumstances of the case in totality, the State has chosen to strategy this court docket in search of particular go away to attraction with none justification.
“The current petition may solely be stated to be a frivolous litigation by the State,” the bench stated in its October 20 order.
The Supreme Courtroom was listening to an attraction filed by Uttarakhand difficult judgement and order dated August 20, 2020 handed by the Excessive Courtroom, during which it maintained conviction of the accused of offences below Sections 307/34 (try and homicide, frequent intention) of the Indian Penal Code (IPC) and Part 25 of the Arms Act.
The Excessive Courtroom, nonetheless, diminished the sentence in relation to the offence below Sections 307/34 IPC to rigorous imprisonment of 4 years and 5 months as a substitute of seven years and in addition diminished the advantageous quantity to Rs 15,000 as a substitute of Rs 20,000.
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