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Head Note

Indian Penal Code,1860  - Section 279 , Section 304-A , The Code of Criminal Procedure, 1973  - Section 357 (3)

Conviction - Sentence - Compensation - Grant of compensation under the provisions of the Motor Vehicles Act, 1988 is in a different sphere altogether - Grant of compensation under Section 357(3) CrPC with a direction that the same should be paid to the person who has suffered any loss or injury by reason of the act for which the accused has been sentenced has a different contour -Same is not to be regarded as a substitute in all circumstances for adequate sentence.

Indian Penal Code,1860  - Section 279 , Section 304-A , The Code of Criminal Procedure, 1973  - Section 357 (3)

Conviction - Sentence - Reduction in Sentence - Compensation - Death of two person - Held that principle of sentencing recognizes the corrective measures but there are occasions when the deterrence is an imperative necessity depending upon the facts of the case - High Court held to have been swayed away by the passion of mercy in applying the principle that payment of compensation is a factor for reduction of sentence to 24 days - It is absolutely in the realm of misplaced sympathy - It is, in a way mockery of justice - Such a crime blights not only the lives of the victims but of many others around them - It ultimately shatters the faith of the public in judicial system - Sentence of one year as imposed by the trial Magistrate which has been affirmed by the appellate court reduced to six months.

Topic(s)-Death in Motor accident - Reduction in sentence set aside