K. Prakash & Anr. vs. The State of Karnataka [Criminal Appeal No. 336 of 2021]
Ratio: Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing
RELEVANT PARAGRAPH(S)
14. Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing. While imposing the sentence, all relevant factors are to be considered, keeping in mind the facts and circumstances of each case. In the present case, the main accusation was against accused no.1, who is convicted for offences punishable under Sections 344, 366, IPC and Section 6 of POCSO Act and sentenced to undergo imprisonment for a period of 10 years. Even in the complaint, it was mentioned that accused no.1 was in love with the victim girl PW-2. It is also the case of the appellants that PW-1 was not a direct witness to the incident and PW-2 has been tutored by PW-1. The alleged incident is of the year 2014 and we are informed that appellants have already served sentence of about three months and paid fine amount. They specifically pleaded that there is no one to take care of their minor son and old age parents.
15. In view of the peculiar facts and circumstances of the case, while confirming the conviction recorded and fine imposed, we modify the sentence on the appellants for the period already undergone. The appellants be released forthwith unless otherwise their custody is required in connection with any other case. This appeal is partly allowed to the extent, indicated above.