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Criminal · Reportable judgment

Shivani Tyagi vs State Of U.P.

Court
Supreme Court of India
Date
5 April 2024
Case No.
Criminal Appeal Nos.1957-1961 of 2024 (Arising out of SLP(Crl.) Nos.3484-3488 of 2024)
Result
Allowed
Bench
C.T. Ravikumar, Rajesh Bindal
Citation
[2024] 5 S.C.R. 36 : 2024 INSC 343
Acts & Sections
CrPC §389 IPC §307 IPC §149 IPC §326A IPC §302
Supreme Court Reports [2024] 5 S.C.R. 36 : 2024 INSC 343
Issue for consideration
Matter pertains to suspension of sentence of life imprisonment of the convicted persons, and their consequential enlargement on bail, in an acid attack case.
Headnote

Code of Criminal Procedure, 1973 – s. 389 – Suspension of sentence pending appeal, and releasing on bail – Acid attack on victim at the hands of the accused persons – Victim suffered 30-40 percent burn injuries resulting in total disfigurement of her face – Conviction of the accused persons u/ss. 307/149 and 326A/149 IPC and sentenced to life imprisonment – High Court suspended the sentence and enlarged them on bail – Interference:

Held: (per C. T. Ravikumar, J) Mere factum of sufferance of incarceration for a particular period and likelihood of delay in disposal of cases, in a case where life imprisonment is imposed, cannot be a reason for invocation of power u/s. 389 without referring to the relevant factors – Each case has to be examined on its own merits and based on the given parameters – Acid attack may completely strip off the victim of her basic human right to live a decent human life owing to permanent disfiguration – Impugned judgment reflects only non-application of mind and non-consideration of the relevant factors required for invocation of power u/s. 389 despite the fact that the case involved an acid attack on a young woman resulting into permanent disfiguration – High Court took into account the offer made on behalf of the convicts that they would give a payment of Rs. 25 lakhs, and that the evidence that the victim had incurred an amount of Rs. 21

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lakhs for her treatment besides the period of incarceration and also the delay likely to occur in the consideration of appeal – Serious nature of the offence involved was not taken into account besides the other relevant parameters for the exercise of power u/s. 389 – Thus, the impugned judgment cannot be sustained and is set aside, and the bail granted to the accused is cancelled [Paras 9-12] – Held: (per Rajesh Bindal,J) (Supplementing) One of the principles of sentencing, being proportionality, if the appropriate punishment is not awarded or if, after conviction for a heinous crime, the court directs the suspension of the sentence without valid reasons, the very purpose for which the criminal justice system exists would fail – High Court directed the suspension of the sentence of the accused on payment of ₹ 25 lakhs to the victim – Amount was not accepted by the victim and the convicts could not be released from the jail – Also despite spending ₹ 21 lakhs on the treatment, victim still has not been cured – Infirmity of the court is evident from the fact that the High Court went on to modify the earlier order and noted that a Demand Draft having been handed over to the Chief Judicial Magistrate, the accused be released on bail subject to Surety Bonds – Order passed in the Correction Application does not suggest that there was any consideration of the parameters laid down for grant of bail or suspension of sentence, instead, the High Court noticed and directed that the convicts have offered to pay compensation to the victim for grant of suspension of sentence, which when she refused to accept, was directed to be deposited in the court – It was in a way kind of “Blood Money” offered by the convicts to the victim for which there is no acceptability in the criminal justice system [Paras 6, 7, 13]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Headnote AI-drafted · Reviewed and approved
The appellant-victim of an acid attack challenged the suspension of sentence of life imprisonment granted by the High Court to five convicted persons under Sections 307/149 and 326A/149 IPC, and their consequential enlargement on bail. The Supreme Court examined the principles governing exercise of power under Section 389 of the Code of Criminal Procedure, which mandates recording of reasons in writing before suspending execution of sentence and granting bail to convicted persons pending appeal.

The Court held that while suspension of sentence may be the normal rule for short-term imprisonment, the position should be vice-versa in cases of conviction for serious offences. Referring to Kishori Lal v. Rupa & Ors., Anwari Begum v. Sher Mohammad & Anr., Khilari v. State of Uttar Pradesh, and State of Haryana v. Hasmat, the Court reiterated that an appellate court must objectively assess relevant factors such as the nature and gravity of the offence, manner of commission, severity of punishment, and desirability of releasing the convict, and must reflect such consideration in the order passed under Section 389 Cr.PC.

Finding that the impugned orders suspending sentence suffered from non-application of mind and failure to consider relevant aspects — including that the victim, aged about 31 years, sustained 30 to 40 percent burns to her face, chest and hands from sulphuric acid, amounting to grievous injuries — the Supreme Court set aside the High Court's orders and allowed the appeals.
Catchwords: acid attack · suspension of sentence · Section 389 CrPC · bail pending appeal · serious offence · non-application of mind · life imprisonment · reasons in writing · grievous injuries · appellate court discretion

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Full Judgment Text

[Cites 28, Cited by 0] Supreme Court of India Shivani Tyagi vs State Of U.P. on 5 April, 2024 Author: C.T. Ravikumar Bench: C.T. Ravikumar, Rajesh Bindal 2024 INSC 343 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.1957-1961 of 2024 (Arising out of SLP(Crl.) Nos.3484-3488 of 2024) Shivani Tyagi Appellant(s) Versus State of U.P. & Anr. Respondent(s) ORDER Leave granted. 1. In these quintuplet appeals the victim of an acid attack assails the suspension of sentence of life imprisonment of the convicted persons, the priva
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