SC: Age, health and economic conditions of the accused are to be considered while awarding punishment

The Apex Court on 14/12/2018, in Jan Mohamad  v  State of Haryana[1], allowed the appeal that had been  made against the High Court of Punjab and Haryana order and judgment  wherein the revision petition that had been filed by the appellant had been dismissed.

FACTS:

The appellant had been   convicted for the offences that are  punishable  the Indian  Penal Code,  1860, and was facing rigorous imprisonment for  a term of three years  along with a fine  of  of Rs. 15,000/­ that had t be paid by him .

 The Appellant was an employee of the the Haryana Roadways where he was working as a  driver while he was charged of embezzlement of 85 liters of diesel , as a result he was made to face conviction  and imprisonment sentence. The concerned appeal had been made to the Apex Court by a way of  special leave by the accused.

DECISION HELD BY THE SUPREME COURT OF INDIA:

The Apex Court allowed the appeal by   laying  emphasis  upon factors such  the age ,health and economic   conditions  of the accused  thereby  reducing  the term of imprisonment sentence  up to the date he had undergone it while enhancing the fine from Rs.15,000/­ to Rs. 25,000/.

 


Read Judgment here:

[embeddoc url=”https://www.sci.gov.in/supremecourt/2018/37080/37080_2018_Judgement_14-Dec-2018.pdf” download=”all”]

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