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Supreme Court of India 2024-05-09 disposed

Rajendra Bhagwanji Umraniya vs State of Gujarat

Bench: 2 — J B Pardiwala, Manoj Misra

In Brief

The Supreme Court examined whether a High Court could reduce a convict's sentence from 5 years to 4 years on condition that the accused pay compensation to the victim. The Court held that victim compensation under Section 357 CrPC is a restitutory measure independent of the sentence imposed, focused solely on the victim's loss and the convict's capacity to pay. Courts cannot use compensation as grounds to reduce imprisonment, as this would enable wealthy criminals to purchase their way out of justice. The Court set aside the High Court's conditional approach but, given 12 years had elapsed and partial compensation was already deposited, did not reinstate the full sentence but instead ordered additional compensation to the victim.

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Criminal Procedure Victim Compensation Sentencing Criminal Justice Administration Restitution

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