How People Start Losing Faith in the Administration of Justice

           Tale of injustice can be gauged from my client’s case pending in Supreme Court. Today, after waiting for whole day for case, as usual, the Advocate for accused sought time to argue the matter. Though, court has adjourned the matter only till 27.11.2015 for arguments. It will be great achievement in the interest of justice to the victim of crime; if the court enhances the term of imprisonment from 6 months (already undergone by accused) to 3 (three years).

           Accused-Respondents one fine day brutally attacked Petitioner with deadly weapons, iron road/chains and gandasi attacked Petitioner. Petitioner sustained serious injuries on head and even the doctor disclosed the fracture in the skull, in right hand and in forearm.

           Accused persons stretched the trial by absenting themselves without any reason and as a result the trial took long time to complete. Ld. Additional Chief Judicial Magistrate Kaithal after hearing the arguments, found accused-respondents guilty for the commission of offence punishable under sections 323, 324, 325, 326 and 506 read with section 34 of IPC and awarded Rigorous Imprisonment for a period of three years and fine of Rs. 4,000/ in total.

 

         Accused-Respondents unsuccessfully challenged their conviction. The judgement of trial court was upheld. During the trial and appeal accused-person were on bail and were also named in several FIRs during this period. Finally, in Revision before High Court, Accused-

        Respondents conceded and voluntary relinquished their challenge to conviction and requested only the reduction on quantum of sentence alone. Hon’ble High Court mechanically, without any cogent reason, reduced the sentence to the period already undergone, without taking into consideration the grievous injuries to the Petitioner with dangerous weapons, accused being habitual bail jumper, without taking into account the threat posed by accused to the society, without taking into account the criminal activities and FIRs lodged against accused-Respondents during the trial, with an unfounded sympathy reduced the sentence of the accused-respondents to the bare minimum of period already undergone, i.e 6 months.

 

        Accused-respondents are once again at large possessing severe threats/sense of insecurity to the Petitioner and other villagers. The reduction of sentence is extremely unfair to the victim and the society. The agony and anguish of the victim; has nightmarish effect on his family in specific and society at large in general. The Hon’ble High Court failed to appreciate that it is the duty of the court to see that appropriate sentence is imposed regard being had to the commission of the crime and its impact on the social order. The cry of the collective for justice which includes adequate punishment cannot be lightly ignored. Accused-respondents are boasting in village that they had been acquitted, and are making mockery of justice administration system. No severe punishment to the accused have undermined the  confidence of villagers in criminal justice administration and villagers are compelled to bow down before accused-goons. Petitioner humbly pray before this court to restore the faith of poor villagers in justice by keeping the criminals like accused locked.