Patiala House Courts, Delhi: Nabeela Wali, J. took lenient view and sentenced a convict under Section 2 of Prevention of Insults to National Honour Act, 1971 to pay Rs 2000 as fine and distribute 20 national flags of a specific dimension at Child Care Institutions/ Educational Institutions for children including Madrasas under Delhi Waqf Board and Observation Home for Children under the supervision of Delhi State Legal Services Authority.
The instant case involves the accused pleading guilty of a charge framed under Section 2 of Prevention of Insults to National Honour Act, 1971 and did not claim trial. Thus, the accused was convicted of the aforesaid offence.
Counsel for convict submitted that the convict has clean antecedents and is remorseful of his act and thus the court must take a lenient view.
Reliance was placed on Kokaiyabai Yadav v. State of Chhattisgarh, (2017) 13 SCC 449 wherein it was observed that reforming criminals who understand their wrongdoing are able to comprehend their acts, have grown and nurtured into citizens with a desire to live a fruitful life in the outside world, have the capacity of humanizing the world.
Further reliance was placed on Ravada Sasikala v. State of AP, (2017) 4 SCC 546 and reiterated that it is the duty of every Court to award proper sentence having regard to nature of offence and manner of its commission. The Supreme Court further said that Courts must not only keep in view the right of victim of Crime but also society at large. While considering imposition of appropriate punishment, the impact of crime on society as a whole and rule of law needs to be balanced.
Thus, the Court took a lenient view and sentenced the convict to pay Rs 2000 as fine for the offence under Section 2 of Prevention of Insults to National Honour Act, 1971, which stands paid.
The Court further directed the convict to also provide 20 National Flags having dimension 900 x 600 mm, as per provisions of Flag Code of India, 2002 to Delhi State Legal Services Authority.
The Court further directed DSLSA having office at Patiala House Courts, New Delhi to ensure and supervise the compliance being done at Child Care Institutions/ Educational Institutions for children including Madrasas under Delhi Waqf Board and Observation Home for Children.
[State v. Mohd Tariq Azi, 2022 SCC OnLine Dis Crt (Del) 31, decided on 06-08-2022]
Advocates who appeared in this case :
Shubham Jain, Advocate, Counsel for the Convict.
*Arunima Bose, Editorial Assistant has reported this brief.