LexRAJENDRA BHAGWANJI UMRANIYA versus STATE OF GUJARAT
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[2024] 6 S.C.R. 698 : 2024 INSC 413 Rajendra Bhagwanji Umraniya v. State of Gujarat (Criminal Appeal Nos. 2481-2482 of 2024) 09 May 2024 [J B Pardiwala and Manoj Misra, JJ.] Issue for Consideration Respondents herein were convicted by the Sessions Court for offence punishable u/s. 325 IPC and were sentenced to undergo rigorous imprisonment of five years. However, the High Court reduced the sentence of five years to four years and further held that if an amount of Rs.2.50 lakh is paid by each of the two respondents, then the respondents need not undergo even the four years of sentence. The question falls for consideration is whether the procedure adopted by the High Court could be said to be in accordance with law. Headnotes Code of Criminal Procedure, 1973 – s. 357 – Order to pay compensation – The High Court upheld the conviction of respondents for the offence punishable u/s. 325 IPC and reduced the sentence from five years to four years – The High Court further diluted the order of sentence by asking the accused persons to pay compensation – Correctness: Held: The provision of Section 357 is victim centric in nature – It has nothing to do with the convict or the sentence passed – The spotlight is on the victim only – The object of victim compensation is to rehabilitate those who have suffered any loss or injury by the offence which has been committed – Payment of victim compensation cannot be a consideration or a ground for reducing the sentence imposed upon the accused as victim compensation is not a punitive measure and only restitutory in nature and thus, has no bearing with the sentence that has been passed which is punitive in nature – The words “any loss or injury” used in Section 357 clearly indicates that the sole factor for deciding the compensation to be paid is the victim’s loss or injury as a result of the offence, and has nothing to do with the sentence that has been passed – Section 357 is intended to reassure the victim [2024] 6 S.C.R. 699 Rajendra Bhagwanji Umraniya v. State of Gujarat that he/she is not forgotten in the criminal justice system – If payment of compensation becomes a consideration for reducing sentence, then the same will have a catastrophic effect on the criminal justice administration – It will result in criminals with a purse full of money to buy their way out of justice, defeating the very purpose of criminal proceedings – Thus, the High Court having once affirmed the conviction and awarded sentence of four years could not have further in lieu of the same reduced it by ordering compensation. [Paras 21, 23, 24, 26] Compensation – Idea of victim compensation – Theory of victimology: Held: The idea of victim compensation is based on the theory of victimology which recognizes the harsh reality that victims are unfortunately the forgotten people in the criminal justice delivery system – Victims are the worst sufferers – Victims’ family is ruined particularly in cases of death and grievous bodily injuries – This is apart from the factors like loss of reputation, humiliation, etc – Theory of Victimology seeks to redress the same and underscores the importance for criminal justice administration system to take into consideration the effect of the offence on the victim’s family even though human life cannot be restored but then monetary compensation will at least provide some solace. [Para 22] Case Law Cited Ankush Shivaji Gaikwad v. State of Maharashtra [2013] 8 SCR 863 : (2013) 6 SCC 770; Maru Ram v. Union of India & Others [1981] 1 SCR 1196 : (1981) 1 SCC 107; Hari Singh v. Sukhbir Singh and Others [1988] Supp. 2 SCR 571 : (1988) 4 SCC 551 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860. List of Keywords Order to pay compensation; Victim compensation; Section 357 of the Code of Criminal Procedure, 1973; Reduction of sentence; Dilution of order of sentence by ordering compensation; Idea of victim compensation; Theory of victimology; Criminal Justice Administration; Monetary compensation. 700 [2024] 6 S.C.R. Digital Supreme Court Reports Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 2481-2482 of 2024 From the Judgment and Order dated 29.10.2015 of the High Court of Judicature of Gujarat in CRLA Nos. 960 and 1330 of 2014 Appearances for Parties Harin P Raval, Sr. Adv., Pradhuman Gohil, Purvish Jitendra Malkan, Vikash Singh, Ms. Ranu Purohit, Alapati Sahithya Krishna, Ru
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