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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.406-407 OF 2017

(@ S.L.P. (Criminal) Nos. 9389-90 of 2016)

Ravada Sasikala …Appellant

Versus

State of Andhra Pradesh & Anr. …Respondents

J U D G M E N T

Dipak Misra, J.

In Chetan Dass v. Kamla Devi

1

, this Court had

observed:-

“Matrimonial matters are matters of delicate

human and emotional relationship. It demands

mutual trust, regard, respect, love and affection

with sufficient play for reasonable adjustments

with the spouse. The relationship has to conform

to the social norms as well. …”

2.Though the aforesaid observations were made in the

context of a matrimonial dispute arising out of a proceeding

under Section 13 of the Hindu Marriage Act, 1955 praying

1

(2001) 4 SCC 250

Page 2 2

for dissolution of marriage by granting a decree of divorce,

yet we have commenced our judgment with the same as the

facts of the present case painfully project what a relation in

close proximity can do to a young girl when his proposal for

his marriage is not accepted and he, forgetting the

fundamental facet of human dignity and totally becoming

oblivious of the fact that marriage, as a social institution, is

an affirmance of civilized society order, allows his

unrequited love to be converted to complete venom that

leads him on the path of vengeance, and the ultimate shape

of such retaliation is house trespass by the accused

carrying an acid bottle and pouring it over the head of the

girl, the appellant herein.

3.The necessary facts. On the basis of the statement of

the injured, an FIR under Sections 448 and 307 of the

Indian Penal Code (IPC) was registered at police station

Vallampudi. The injuries sustained by the victim-informant

required long treatment and eventually after recording the

statements of the witnesses, collecting various materials

from the spot and taking other aspects into consideration of

the crime, the investigating agency filed the charge sheet for

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the offences that were originally registered under the FIR

before the competent court which, in turn, committed the

matter to the Court of Session, Vizianagaram. The accused

abjured his guilt and expressed his desire to face the trial.

4.The prosecution, in order to establish the charges

against the accused, examined 12 witnesses and got

marked Ex. P1 to P14 besides bringing 11 material objects

on record. The defence chose not to examine any witness.

It may be noted that on behalf of the defence, one document

Ex. D-1, was marked.

5.The learned Assistant Sessions Judge, Vizianagaram

did not find the accused guilty under Section 307 IPC but

held him guilty under Section 326 and 448 IPC. At the time

of hearing of the sentence under Section 235(2) of the Code

of Criminal Procedure (CrPC), the convict pleaded for mercy

on the foundation of his support to the old parents, the

economic status, social strata to which he belongs and

certain other factors. The learned trial judge, upon hearing

him, sentenced him to suffer rigorous imprisonment for one

year and directed to pay a fine of Rs. 5,000/- with a default

clause under Section 326 IPC and sentenced him to pay a

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fine of Rs. 1000/- for the offence under Section 448 IPC

with a default clause.

6.The State preferred Criminal Appeal No. 1731 of 2007

under Section 377(1) CrPC before the High Court of

Judicature at Hyderabad for the State of Telangana and the

State of Andhra Pradesh for enhancement of sentence.

Being grieved by the judgment of conviction and order of

sentence, the accused-respondent had preferred Criminal

Appeal No. 15 of 2006 before the Sessions Judge,

Vizianagaram which was later on transferred to the High

Court and registered as Transferred Criminal Appeal No.

1052 of 2013.

7.Both the appeals were heard together by the learned

Single Judge who concurred with the view taken by the

learned trial judge as regards the conviction. While dealing

with the quantum of sentence, the learned Judge opined

thus:-

“However, the sentence of imprisonment imposed

by the trial Court for the offence under Section

326 I.P.C. is modified to the period which the

accused has already undergone, while

maintaining the sentence of fine for both the

offences.”

Page 5 5

8.At the outset, we must note that the State has not

assailed the said judgment. The appellant, after obtaining

permission of this Court, filed the special leave petition

which we entertained for the simon pure reason it has been

asserted that the period of custody suffered by the accused

is 30 days. It is apt to note here that the

accused-respondent has not challenged the conviction and,

therefore, it has to be assumed that apart from accepting

the judgment of conviction, he must have celebrated the

delight and jubilation of liberty inasmuch as despite the

sustenance of the judgment of conviction, he was not

required to suffer any further imprisonment.

9.The centripodal question, indubitably a disquieting

one, whether the High Court has kept itself alive to the

precedents pertaining to sentencing or has been guided by

some kind of unfathomable and incomprehensible sense of

individual mercy absolutely ignoring the plight and the pain

of the victim; a young girl who had sustained an acid attack,

a horrendous assault on the physical autonomy of an

individual that gets more accentuated when the victim is a

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young woman. Not for nothing, it has been stated stains of

acid has roots forever.

10.As the factual matrix gets unfolded from the judgment

of the learned trial Judge, the appellant after completion of

her intermediate course had accompanied her brother to

Amalapuram of East Godavari District where he was

working as an Assistant Professor in B.V.C. Engineering

College, Vodalacheruvu and stayed with him about a week

prior to the occurrence. Thereafter, she along with her

brother went to his native place Sompuram. At that time,

the elder brother of the accused proposed a marriage

alliance between the accused and the appellant for which

her family expressed unwillingness. The reason for

expressing the unwillingness is not borne out on record but

the said aspect, needless to say, is absolutely irrelevant.

What matters to be stated is that the proposal for marriage

was not accepted. It is evincible from the material brought

on record that the morning of 24.05.2003 became the

darkest and blackest one in her life as the appellant having

a head bath had put a towel on her head to dry, the accused

trespassed into her house and poured a bottle of acid over

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her head. It has been established beyond a trace of doubt by

the ocular testimony and the medical evidence that some

part of her body was disfigured and the disfiguration is due

to the acid attack.

11.In this backdrop, the heart of the matter is whether

the imposition of sentence by the learned Single Judge is

proportionate to the crime in question.

12.In this context, Ms. Aparna Bhat, learned counsel

appearing for the appellant submits that by no stretch of

imagination, the period undergone, that is, 30 days, can be

regarded as appropriate for the offence under Section 326

IPC and definitely not when there is acid attack. She would

further urge that in such a situation, the concept of justice

feels embarrassed and a dent is created in the criminal

justice system. Learned counsel would further submit that

mercy “whose quality is not unstrained”, may be considered

as a virtue in the realm of justice but misplaced sympathy

and exhibition of unwarranted mercy is likely to pave the

path of complete injustice. She has commended us to

certain authorities which we shall, in due course, refer to.

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13.Per contra, contends Mr. Y. Raja Gopala Rao, learned

counsel for the respondent that the occurrence had taken

place long back and with efflux of time, the appellant as well

as the respondent have been leading their individual

separate married lives and, therefore, it would not be

appropriate to interfere with the sentence reduced by the

High Court. It is canvassed by him that the respondent has

not challenged the conviction before the High Court but he

has been leading a reformed life and after a long lapse of

time, to send him to custody would tantamount to injustice

itself.

14.We have noted earlier that the conviction under

Section 326 IPC stands established. The singular issue is

the appropriateness of the quantum of sentence. Almost 27

years back in Sham Sunder v. Puran and another

2

, the

accused-appellant therein was convicted under Section 304

Part I IPC and while imposing the sentence, the appellate

court reduced the sentence to the term of imprisonment

already undergone, i.e., six months. However, it enhanced

the fine. This Court ruled that sentence awarded was

inadequate. Proceeding further, it opined that:-

2

(1990) 4 SCC 731

Page 9 9

“No particular reason has been given by the High

Court for awarding such sentence. The court in

fixing the punishment for any particular crime

should take into consideration the nature of the

offence, the circumstances in which it was

committed, the degree of deliberation shown by

the offender. The measure of punishment should

be proportionate to the gravity of the offence. The

sentence imposed by the High Court appears to

be so grossly and entirely inadequate as to

involve a failure of justice. We are of opinion that

to meet the ends of justice, the sentence has to be

enhanced.”

After so stating the Court enhanced the sentence to

one of rigorous imprisonment for a period of five years.

15.In Shyam Narain v. State (NCT of Delhi)

3

, it has

been ruled that primarily it is to be borne in mind that

sentencing for any offence has a social goal. Sentence is to

be imposed regard being had to the nature of the offence

and the manner in which the offence has been committed.

The fundamental purpose of imposition of sentence is based

on the principle that the accused must realise that the

crime committed by him has not only created a dent in the

life of the victim but also a concavity in the social fabric.

The purpose of just punishment is designed so that the

individuals in the society which ultimately constitute the

3

(2013) 7 SCC 77

Page 10 10

collective do not suffer time and again for such crimes. It

serves as a deterrent. The Court further observed that on

certain occasions, opportunities may be granted to the

convict for reforming himself but it is equally true that the

principle of proportionality between an offence committed

and the penalty imposed are to be kept in view. It has to be

borne in mind that while carrying out this complex exercise,

it is obligatory on the part of the court to see the impact of

the offence on the society as a whole and its ramifications

on the immediate collective as well as its repercussions on

the victim.

16.In State of Madhya Pradesh v. Najab Khan and

others

4

, the High Court of Madhya Pradesh, while

maintaining the conviction under Section 326 IPC read with

Section 34 IPC, had reduced the sentence to the period

already undergone, i.e., 14 days. The two-Judge Bench

referred to the authorities in Shailesh Jasvantbhai v.

State of Gujarat

5

, Ahmed Hussain Vali Mohammed

Saiyed v. State of Gujarat

6

, Jameel v. State of Uttar

4

(2013) 9 SCC 509

5

(2006) 2 SCC 359

6

(2009) 7 SCC 254

Page 11 11

Pradesh

7

and Guru Basavaraj v. State of Karnataka

8

and held thus:-

“In operating the sentencing system, law should

adopt the corrective machinery or deterrence

based on factual matrix. The facts and given

circumstances in each case, the nature of the

crime, the manner in which it was planned and

committed, the motive for commission of the

crime, the conduct of the accused, the nature of

weapons used and all other attending

circumstances are relevant facts which would

enter into the area of consideration. We also

reiterate that undue sympathy to impose

inadequate sentence would do more harm to the

justice dispensation system to undermine the

public confidence in the efficacy of law. It is the

duty of every court to award proper sentence

having regard to the nature of the offence and the

manner in which it was executed or committed.

The courts must not only keep in view the rights

of the victim of the crime but also the society at

large while considering the imposition of

appropriate punishment.”

In the said case, the Court ultimately set aside the

sentence imposed by the High Court and restored that of

the trial Judge, whereby he had convicted the accused to

suffer rigorous imprisonment for three years.

17. In Sumer Singh v. Surajbhan Singh & others

9

,

while elaborating on the duty of the Court while imposing

sentence for an offence, it has been ruled that it is the duty

7

(2010) 12 SCC 532

8

(2012) 8 SCC 734

9

(2014) 7 SCC 323

Page 12 12

of the court to impose adequate sentence, for one of the

purposes of imposition of requisite sentence is protection of

the society and a legitimate response to the collective

conscience. The paramount principle that should be the

guiding laser beam is that the punishment should be

proportionate. It is the answer of law to the social

conscience. In a way, it is an obligation to the society which

has reposed faith in the court of law to curtail the evil.

While imposing the sentence it is the court’s accountability

to remind itself about its role and the reverence for the rule

of law. It must evince the rationalised judicial discretion and

not an individual perception or a moral propensity. The

Court further held that if in the ultimate eventuate the

proper sentence is not awarded, the fundamental grammar

of sentencing is guillotined and law does not tolerate it;

society does not withstand it; and sanctity of conscience

abhors it. It was observed that the old saying “the law can

hunt one’s past” cannot be allowed to be buried in an

indecent manner and the rainbow of mercy, for no

fathomable reason, should be allowed to rule. The

conception of mercy has its own space but it cannot occupy

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the whole accommodation. While dealing with grant of

further compensation in lieu of sentence, the Court ruled:-

“We do not think that increase in fine amount or

grant of compensation under the Code would be

a justified answer in law. Money cannot be the

oasis. It cannot assume the centre stage for all

redemption. Interference in manifestly

inadequate and unduly lenient sentence is the

justifiable warrant, for the Court cannot close its

eyes to the agony and anguish of the victim and,

eventually, to the cry of the society.”

18.In State of Punjab v. Bawa Singh

10

, this Court, after

referring to the decisions in State of Madhya Pradesh v.

Bablu

11

and State of Madhya Pradesh v. Surendra

Singh

12

, reiterated the settled proposition of law that one of

the prime objectives of criminal law is the imposition of

adequate, just, proportionate punishment which is

commensurate with the nature of crime regard being had to

the manner in which the offence is committed. It has been

further held that one should keep in mind the social interest

and conscience of the society while considering the

determinative factor of sentence with gravity of crime. The

punishment should not be so lenient that it would shock

10

(2015) 3 SCC 441

11

(2014) 9 SCC 281

12

(2015) 1 SCC 222

Page 14 14

the conscience of the society. Emphasis was laid on the

solemn duty of the court to strike a proper balance while

awarding the sentence as imposition of lesser sentence

encourages a criminal and resultantly the society suffers.

19.Recently, in Raj Bala v. State of Haryana and

others

13

, on reduction of sentence by the High Court to the

period already undergone, the Court ruled thus:-

“Despite authorities existing and governing the

field, it has come to the notice of this Court that

sometimes the court of first instance as well as

the appellate court which includes the High

Court, either on individual notion or misplaced

sympathy or personal perception seems to have

been carried away by passion of mercy, being

totally oblivious of lawful obligation to the

collective as mandated by law and forgetting the

oft quoted saying of Justice Benjamin N. Cardozo,

“Justice, though due to the accused, is due to the

accuser too” and follow an extremely liberal

sentencing policy which has neither legal

permissibility nor social acceptability.”

And again:-

“A Judge has to keep in mind the paramount

concept of rule of law and the conscience of the

collective and balance it with the principle of

proportionality but when the discretion is

exercised in a capricious manner, it tantamounts

to relinquishment of duty and reckless

abandonment of responsibility. One cannot

remain a total alien to the demand of the

13

(2016) 1 SCC 463

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socio-cultural milieu regard being had to the

command of law and also brush aside the agony

of the victim or the survivors of the victim.

Society waits with patience to see that justice is

done. There is a hope on the part of the society

and when the criminal culpability is established

and the discretion is irrationally exercised by the

court, the said hope is shattered and the patience

is wrecked.”

20.Though we have referred to the decisions covering a

period of almost three decades, it does not necessarily

convey that there had been no deliberation much prior to

that. There had been. In B.G. Goswami v. Delhi

Administration

14

, the Court while delving into the issue of

punishment had observed that punishment is designed to

protect society by deterring potential offenders as also by

preventing the guilty party from repeating the offence; it is

also designed to reform the offender and reclaim him as a

law abiding citizen for the good of the society as a whole.

Reformatory, deterrent and punitive aspects of punishment

thus play their due part in judicial thinking while

determining the question of awarding appropriate sentence.

21.The purpose of referring to the aforesaid precedents is

that they are to be kept in mind and adequately weighed

14

(1974) 3 SCC 85

Page 16 16

while exercising the discretion pertaining to awarding of

sentence. Protection of society on the one hand and the

reformation of an individual are the facets to be kept in

view. In Shanti Lal Meena v. State (NCT of Delhi)

15

, the

Court has held that as far as punishment for offence under

the Prevention of Corruption Act, 1988 is concerned, there

is no serious scope for reforming the convicted public

servant. Therefore, it shall depend upon the nature of

crime, the manner in which it is committed, the propensity

shown and the brutality reflected. The case at hand is an

example of uncivilized and heartless crime committed by the

respondent No. 2. It is completely unacceptable that

concept of leniency can be conceived of in such a crime. A

crime of this nature does not deserve any kind of clemency.

It is individually as well as collectively intolerable. The

respondent No. 2 might have felt that his ego had been hurt

by such a denial to the proposal or he might have suffered a

sense of hollowness to his exaggerated sense of honour or

might have been guided by the idea that revenge is the

sweetest thing that one can be wedded to when there is no

response to the unrequited love but, whatever may be the

15

(2015) 6 SCC 185

Page 17 17

situation, the criminal act, by no stretch of imagination,

deserves any leniency or mercy. The respondent No. 2 might

not have suffered emotional distress by the denial, yet the

said feeling could not to be converted into vengeance to have

the licence to act in a manner like he has done.

22.In view of what we have stated, the approach of the

High Court shocks us and we have no hesitation in saying

so. When there is medical evidence that there was an acid

attack on the young girl and the circumstances having

brought home by cogent evidence and the conviction is

given the stamp of approval, there was no justification to

reduce the sentence to the period already undergone. We

are at a loss to understand whether the learned Judge has

been guided by some unknown notion of mercy or

remaining oblivious of the precedents relating to sentence or

for that matter, not careful about the expectation of the

collective from the court, for the society at large eagerly

waits for justice to be done in accordance with law, has

reduced the sentence. When a substantive sentence of

thirty days is imposed, in the crime of present nature, that

is, acid attack on a young girl, the sense of justice, if we

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allow ourselves to say so, is not only ostracized, but also is

unceremoniously sent to “Vānaprastha”. It is wholly

impermissible.

23.In view of our analysis, we are compelled to set aside

the sentence imposed by the High Court and restore that of

the trial court. In addition to the aforesaid, we are disposed

to address on victim compensation. We are of the

considered opinion that the appellant is entitled to

compensation that is awardable to a victim under the CrPC.

In Ankush Shivaji Gaikwad v. State of Maharashtra

16

,

the two-Judge Bench referred to the amended provision,

154

th

Law Commission Report that has devoted entire

chapter to victimology, wherein the growing emphasis was

on the victim.

24.In Laxmi v. Union of India and others

17

, this Court

observed thus:-

“12. Section 357-A came to be inserted in the

Code of Criminal Procedure, 1973 by Act 5 of

2009 w.e.f. 31-12-2009. Inter alia, this section

provides for preparation of a scheme for providing

funds for the purpose of compensation to the

victim or his dependants who have suffered loss

or injury as a result of the crime and who require

rehabilitation.

16

(2013) 6 SCC 770

17

(2014) 4 SCC 427

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13. We are informed that pursuant to this

provision, 17 States and 7 Union Territories have

prepared “Victim Compensation Scheme” (for

short “the Scheme”). As regards the victims of

acid attacks, the compensation mentioned in the

Scheme framed by these States and Union

Territories is un-uniform. While the State of Bihar

has provided for compensation of Rs 25,000 in

such Scheme, the State of Rajasthan has

provided for Rs 2 lakhs of compensation. In our

view, the compensation provided in the Scheme

by most of the States/Union Territories is

inadequate. It cannot be overlooked that acid

attack victims need to undergo a series of plastic

surgeries and other corrective treatments. Having

regard to this problem, the learned Solicitor

General suggested to us that the compensation

by the States/Union Territories for acid attack

victims must be enhanced to at least Rs 3 lakhs

as the aftercare and rehabilitation cost. The

suggestion of the learned Solicitor General is very

fair.”

25.The Court further directed that the acid attack victims

shall be paid compensation of at least Rs 3 lakhs by the

State Government/Union Territory concerned as the

aftercare and rehabilitation cost. Of this amount, a sum of

Rs. 1 lakh was directed to be paid to such victim within 15

days of occurrence of such incident (or being brought to the

notice of the State Government/Union Territory) to facilitate

immediate medical attention and expenses in this regard.

The balance sum of Rs.2 lakhs was directed to be paid as

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expeditiously as possible and positively within two months

thereafter and compliance thereof was directed to be

ensured by the Chief Secretaries of the States and the

Administrators of the Union Territories.

26.In State of M.P. v. Mehtaab

18

, the Court directed

compensation of Rs.2 lakhs to be fixed regard being had to

the limited final resources of the accused despite the fact

that the occurrence took place in 1997. It observed that the

said compensation was not adequate and accordingly, in

addition to the said compensation to be paid by the

accused, held that the State was required to pay

compensation under Section 357-A CrPC. For the said

purpose, reliance was placed on the decision in Suresh v.

State of Haryana

19

.

27.In State of Himachal Pradesh v. Ram Pal

20

, the

Court opined that compensation of Rs. 40,000/- was

inadequate regard being had to the fact that life of a young

girl aged 20 years was lost. Bestowing anxious

consideration the Court, placing reliance on Suresh (supra),

Manohar Singh v. State of Rajasthan and Ors.

21

and

18

(2015) 5 SCC 197

19

(2015) 2 SCC 227

20

(2015) 11 SCC 584

21

(2015) 3 SCC 449

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Mehtaab (supra), directed that ends of justice shall be best

subserved if the accused is required to pay a total sum of

Rs.1 lakh and the State to pay a sum of Rs.3 lakhs as

compensation.

28.Regard being had to the aforesaid decisions, we direct

the accused-respondent No. 2 to pay a compensation of

Rs.50,000/- and the State to pay a compensation of Rs.3

lakhs. If the accused does not pay the compensation

amount within six months, he shall suffer further rigorous

imprisonment of six months, in addition to what has been

imposed by the trial court. The State shall deposit the

amount before the trial court within three months and the

learned trial Judge on proper identification of the victim,

shall disburse it in her favour.

29.The criminal appeals are allowed to the extent

indicated above.

……………… ..J.

(Dipak Misra)

………………… J.

(R. Banumathi)

New Delhi;

February 27, 2017