Punjab & Haryana High Court Releases Convict In Fatal Road Accident Case; Orders Him To Plant & Maintain 50 Trees, Do Community Service

The Punjab & Haryana High Court granted probation to a young man convicted for causing death by negligence in a road accident, emphasizing the rehabilitative and reformative objectives of sentencing over purely punitive measures.Referring to French judge and philosopher Montesquieu, Justice Vinod S. Bhardwaj said, "the certainty of mild yet consistent punishment serves as a far greater deterrent than the transient severity of harsh sentences. Guided by this enduring principle, it is directed that the petitioner shall also be liable to perform community service of plantation of 50 indigenous trees by approaching the Divisional Forest Officer, Ludhiana and for their maintenance for a period of 05 years."In the event of the petitioner not being in the capacity to deposit the cost of maintenance for a period of 05 years, he shall offer his services to the department of forests to set off the said cost as per the wages of an unskilled workers equal to adequate labour men hours for the equivalent period as prescribed by the concerned Deputy Commissioner, the Court added.Retributive vs. Rehabilitative Approach in SentencingThe Court observed that, while 'retributive' object of sentencing is seen regressive, in modern day sentencing jurisprudence for its focus on punishing proportionally for the harm done and caters to the negative senses of spite and anger against a wrongful act, "the rehabilitative/reformative approach examines the circumstances surrounding the offender on social, economical, physical and psychological level so as to reintegrate the offender in the social mainstream."Distinguishing Between 'Criminal' and 'Offender'The Court emphasized that the mere involvement of a person in a crime does not automatically categorize them as a criminal in the true sense."While the pre-requisites of crime do not distinguish two persons, on the legal scale, this aspect is significant for sentencing. A mere involvement of a person in crime may not necessarily mark a person as a 'criminal," the bench said.Justice Bhardwaj said, 'Criminality' in mind and action has to be determined from the totality of circumstances including the mode and manner in committing an offence, the conduct pre and post the offence, the criminal antecedents, nature of involvement, influence of peers etc. and not just from an isolatory consideration of commission of an offence.The judge highlighted that, "A Court of law would not assume every offender to be beyond reform and differentiate in punishment on considering whether the offences arise due to human error or that stem from actions propelled by mens rea."The case arose from an incident in 2014, when the accused, Lakshay Jain, allegedly struck a motorcycle carrying Chander Kanta and her son, Ravi Kumar. While the accident resulted in serious injuries, Chander Kanta later succumbed to her injuries.Following investigation and trial, the Judicial Magistrate First Class, Ludhiana, convicted Lakshay Jain under Sections 279, 337, and 304-A IPC, sentencing him to rigorous imprisonment of two years and a fine. The same was upheld in appeal.In the present revision petition, the petitioner sought leniency solely in the quantum of punishment, citing mitigating circumstances including that the accident was purely unintentional, not a hit-and-run. The petitioner assisted the injured immediately and ensured hospitalization and he was a young offender, around 21 years old at the time, with no prior criminal record.More than eleven years have elapsed since the incident. The family of the deceased had received compensation through MACT proceedings and supported the petitioner's plea for leniency, counsel for the petitioner submitted.After considering the arguments, the Court noted that the Probation of Offenders Act, 1958, provides scope for releasing youthful offenders on probation, emphasizing reformative over retributive justice. Drawing upon principles from Jugal Kishore Prasad v. State of Bihar (1972 2 SCC 633) and classical criminological insights from Beccaria and Caldwell, the Court highlighted that punishment should balance deterrence, retribution, and reformation.Moreover, Italian criminologist and jurist Cesare Beccaria, in his seminal treatise “On Crimes and Punishments,” propounded the doctrine of penal parsimony, emphasizing that the justification of any criminal justice system rests upon its capacity to inflict the least possible evil necessary to achieve its ends", the Court noted.It added further that the underlying premise is that punishment, being in itself a necessary evil and devoid of inherent virtue, must be confined strictly within the bounds of necessity. In the present case, the Court said, "The case in hand is yet another where interest of justice would warrant a reformative approach in precedence to a punitive or retributive approach."Stating that, "It is not the function of the judges to seek the transformation of human nature itself, but rather to shape the framework within...

Punjab & Haryana High Court Releases Convict In Fatal Road Accident Case; Orders Him To Plant & Maintain 50 Trees, Do Community Service

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