Case Memorandum

"30. Drunken driving has become a menace to our society. Everyday drunken driving results in accidents and several human lives are lost, pedestrians in many of our cities are not safe. 31. Punishment meted out to a drunken driver, is at least a deterrent for other such persons getting away with minor punishment and fine. Such incidents are bound to increase with no safety for pedestrians on the roads."

"55. Following are, in our view, the aggravating circumstances unfolded in this case: (i) Six persons died due to the rash and negligent driving of the accused and the car was driven with the knowledge that drunken driving without licence is likely to cause death."

"29. We are in this case not merely dealing with a traffic violation or a minor accident, but an accident where six human C beings were killed."

"While considering the quantum of sentence to be imposed for the offence of causing death by rash or negligent driving of automobiles, one of the, prime considerations should be deterrence."

"One of the most effective ways of keeping such drivers under mental vigil is to maintain a deterrent element in the sentencing sphere. Any latitude shown to them in that sphere would tempt them to make driving frivolous and a frolic."

"The High Court was swayed away by the passion of mercy in applying the principle that payment of compensation is a factor for reduction of sentence to 24 days. It is absolutely in the realm of misplaced sympathy. It is, in a way, mockery of justice."

"Thereafter, the Court proceeded to observe:- i "32. We may note with profit that an appropriate punishment works as an eye-opener for the persons who are not careful while driving vehicles on the road and exhibit a careless attitude possibly harbouring the notion that they would be shown indulgence or lives of others are like ‘flies to the wanton boys’."

"4.3. In view of the large number of accidental deaths due to speeding and drunk driving , it is high time that law makers revisit the sentencing policy reflected in s. 304 A /PC."

"In view of the large number of accidental deaths due to speeding and drunk driving, it is high time that law makers revisit the sentencing policy reflected in s. 304 A /PC. [para 78] 4.1. The principle of proportionality in sentencing a crime doer is well entrenched in criminal jurisprudence. As a matter of law, proportion between crime and punishment bears most relevant influence in determination of sentencing the crime doer - Court has to take into consideration all aspects including social interest and consciousness of the society for award of appropriate H sentence - In view of the large number of accidental deaths due to speeding and drunk driving , it is high time that law makers revisit the sentencing policy reflected in s. 304 A /PC."

"84. Sentencing is an important task in the matters of crime. One of the prime objectives of the criminal law is imposition of appropriate, adequate, just and proportionate sentence commensurate with the nature and gravity of crime and the manner in which the crime is done. There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: the twin objective of the sentencing policy is deterrence and correction."

"The trial court and the High Court have persuaded themselves to award the death penalty by considering only the aggravating circumstances, and to an extent carried away by the fact that three died and four (two directly and two indirectly) were injured. The mitigating circumstances have not been given their due importance. On a careful balancing of the aggravating and mitigating circumstances, in spite of the gravity of the crime involving triple murder, the aggravating circumstances noticed and enumerated by the High Court do not outweigh, much less overwhelmingly, the mitigating circumstances. This is not that rarest of rare case, which invites death penalty."

"21. ... it appears to us that the four-dimensional approach that the Government had earlier attempted by setting up four different working groups to go into the four issues of road safety, namefy, enforcement, engineering, education and emergency care would be the best manner to approach the issues arising."

"Section 185 is indicative of a Parliamentary intent to follow a zero- tolerance policy towards driving under the influence of alcohol."

"Nevertheless, sentencing must have a policy of correction. This driver, if he has to become a good driver, must have a better training in traffic laws and moral responsibility, with special reference to the potential injury to human life and limb."