NADELLA VENKATA KRISHNA RAO
V-
STATE OF ANDHRA PRADESH
December 15, 1977
[V. R. KRISHNA !YER AND V. 0. TULZAPURKAR, JJ.J
Sentencing-Purpose and justification of a sentence.
Appellant accused No. 2 was charged along with Al and A3 u/ss. 489A
and 4890 LP.C., but found guilty and convicted u/ss. 489C and 4890, and
sentenced to ten years and seven years under the said counts, the sentences to
run concurrently.
The Andhra Pradesh High Court dismissed the appeal pre ..
ferred against it and confirmed the sentence.
Dismissing the appeal by special leave and reducing the sentence to five years
on each count, the Court!
HELD : Harsh and prolonged incarceration may sometimes be self-defeating.
The most hurtful part of imprisonment is the initial stage when a person
is
confined in person.
Thereafter he gets sufficiently hardened and callous with
the result that bv the time be is processed through the years inside the prison
he becomes debllmanized.
The accent must therefore be more and more on
rehabilitation rather than retributive punitivity inside the prison.
[403 G~H]
A
B
c
U.N. Document A/COF/76/1 Annex I.A. Items 38 and 59 quoted with
D
approval.
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 505
of 1977.
Appeal by Speci&I Leave from the Judgment and Order dated
25-2-77 of the Andhra Pradesh High Court in Cr!. A. No. 14 of 1976.
E
Frank Anthony and B. Kanta Rao for the Appellant.
P. P. Rao, G. N. Rao and L. J. Vadakara for the Respondent.
The Order of the Court was delivered by
KRISHNA !YER, J.-Leave is granted on the question of sentence
only.
F
This is a case where the accused hav~ been acquitted of counter-
feiting but have been convicted of possession of materials for counter-
feiting.
It makes little difference from the point of view of guilt and
injury to society.
The trial court awarded a sentence of 1 O years
rigorous imprisonment and that has been affirmed by the High Court.
We think that health and prolonged incarceration may sometimes be
self-defeating.
The most hurtful part of imprisonment is the initial
stage when a person is confined in prison.
Thereafter he gets suffi-
ciently hardened and callous with the result that by the time he
is
processed through the years inside the prison he becomes more de-
humanised.
The whole goal of punishment being curative is thereby
defeated. The accent must therefore be more and more on rehabili-
tation, rather than retributive punitivity inside the prison.
In this
context, it is helpful to remember items 58 & 59 in the rules applicable
to prisoners under sentence framed as the Standard Minimum Rules
G
H
404
SUPREME COURT REPORTS
(J 978] 2 S.C.R.
A
fu1
the
Treatment
ul Prisoners (U.N. Document AICOF/76/l,
Annex. l.A.) :
B
c
58. The purpose and justification of a sentence of im-
prisonment or a similar measure deprivative of liberty is
ultimately to protect society against crime.
This end can
only be achieved if the period of imprisonment is used to
ensure, so far as possjble, that upon 1his return to so..:k~ty
the offender is not only willing but able to lead a law-abiding
and self-supporting life.
59. To this end, the institution should utilize all the
remedial, educational, moral, spiritual and other forces and
forms of assistance which are appropriate and available,
and should seek to apply them according to the individual,
treatment needs of the prisoners,
Giving anxious consideration to the need for rehabilitation and
deterrence we consider that the prisoner in this case, who is the appel-
lant before us may serve a sentence of five years which may be long
enough for correctional treatment, at the same time not unduly long
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to be regarded as repugnantly harsh.
We dare say that during this
period the State jail authorities will take care to subject the appellant
to humanising treatment so that when he comes out he will desist from
crimmality and turn a new leaf.
We reduce the sentence awarded by the courts below to five years
rigorous imprisonment on both counts which are to run concurrently,
E
Subject to the above, the appeal is dismissed.
S.R.
Appeal dismissed.
,
(
Lex