Discrepancy In The Custody Certificate- Supreme Court Restricts Quantum Of Punishment Of The Convict
The Supreme Court on Friday restricted the sentence of a person convicted under Section 306 and Section 498-A IPC of IPC taking into account the discrepancy in the custody certificate.
Taking note that custody of the appellant as a convict from August 04, 2014, to May 12, 2016 has not been taken into account, the Supreme Court directed "...to restrict the sentence to a period of 4 years and 6 months".
The Bench of Justice S K Kaul & Justice Abhay S Oka was dealing with the Special Leave Petition questioning the quantum of the sentence.
Advocate Uday Gupta represented the appellant whereas Advocate Mrinal Elkar represented Respondents.
The appellant was convicted of five years of rigorous imprisonment for offences under Section 306 (Abetment of suicide) and Section 498-A (Husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC) by the Trial Court.
It was contended before the Supreme Court that the convict has already undergone about four and a half years of sentence but the conviction under Section 498A, IPC was for two years and no case of abetment of suicide under Section 306 could be made out.
However, the High Court last year affirmed in appeal the view taken by the trial court saying, "...he (appellant) has rightly been convicted for the offence under Section 376 and 498-A of IPC by the trial court. Merely because, there is no specific allegation made against the present appellant that he at any point of time has provoked his wife to commit suicide, does not mean that the surrounding circumstances (committing rape with the sister of the wife, harassing and pressurizing her for bringing Rs.50,000/-from her parents, etc.) …….would not amount to abetment."
Earlier, in 2015, the Madhya Pradesh High Court dismissed the appellant's interim application for suspension of jail sentence and grant of bail.
Cause Title- Babulal Sahu v. State of Madhya Pradesh