Indian Penal Code, 1860; Section 494 [Section 82(1) BNS]- High Court after restoring conviction for the offence under Section 494 I.P.C., sentenced accused to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each with default sentence to undergo simple imprisonment for a period of three months- Allowing appeal, SC observed: An offence under Section 494 I.P.C., is a serious offence, the circumstances obtaining in this case would constrain us to hold that the imposition of ‘imprisonment till the rising of the court’ is not a proper sentence falling in tune with the rule of proportionality in providing punishment as mentioned hereinbefore- Imposition of sentence of ‘imprisonment till the rising of the court’ upon conviction for an offence under Section 494 I.P.C., on them was unconscionably lenient or a flea-bite sentence – The sentence awarded to accused Nos.1 and 2 for the conviction under Section 494 I.P.C., modified to six months each, making the nature of the sentence as simple imprisonment for the said period -Fine imposed reduced from Rs. 20,000/- each to Rs. 2,000/- each, as originally awarded by the trial Court.
Criminal Trial – Sentencing – Following the rule of proportionality in imposing punishment would promote and bring order and orderliness in society – It is the solemn duty of the Court to strike a proper balance awarding sentence proportionate to the gravity of the offence committed by the accused concerned upon his conviction for serious offence(s).