Chapter-V
Power of Sentencing and Exercise
of Judicial Control
Over the Execution of Sentence
in the Prisons.
Every criminal trial must come to a conclusion with a judgment, either of
acquittal or conviction in terms of S.235(1) or 248 (1) of the Code. All cases of
conviction have to be appropriately sentenced as per the requirements of the statute.
However, before passing the order of sentence the judge is required in terms of Ss
360 and 361 of the Code to keep in mind the reformatory considerations in matters
of sentencing because S. 361 and imposes a duty on the Courts to record special
reasons with a view to emphasizing the reformative sentencing alternative.
Furthermore, SS 235 (2) and 248(2), create an additional obligation on the Courts to
hear the accused on the question of sentence. Only after the accused has been
given a pre-sentence hearing, the judge is empowered to pass the appropriate
sentence. The exact quantum of sentence would vary as per the nature of the
offence, with the most severe form of sentence being death penalty, followed by life
imprisonment, followed by term imprisonment with hard labour or without hard
labour, followed by fine, followed by probation release, etc. A person sentenced to
a term of imprisonment goes into prison for the execution of the sentence. Even
after he/she goes into the prison, he/she is entitled to several rights and privileges
pertaining to his stay inside, till his conditional or final release. Since the inmate
goes into the prison as per the judicial order of both remand and sentence, what
happens to him/her during the period when he/she is inside the prison becomes a
matter of concern not only to the prison but also to the Court that sends him/her
inside.
1.
GURUBACHAN SINGH v. SATPAL SINGH
a.
AIR 1990 SC 209
b.
Supreme Court held that exaggerated devotion to rule of benefit of
doubt must not nurture fanciful doubts or lingering suspicion.
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