October,3,2016:
Supreme Court today in a way upheld the sentencing jurisprudence evolved by a division bench of Delhi High Court where it had taken into account various factors for calculating the fine to be imposed on a convict including the expenses incurred in prosecution.
Though, only one paragraph has been devoted in the order, but specific non-interference clearly indicates that the SC has not gone against the evolved jurisprudence.
Delhi High Court special bench of Justices Gita Mittal and J R Midha had imposed fine on Vikas and Vishal Yadav to the tune of Rs. 54 lakh each, to be deposited in the trial court within six weeks.
Further, the SC has not reduced any sentence imposed by the High Court.
It has simply directed that the sentences of imprisonment (one for 25 years and the other for 5 years) passed against the convict Vikas Yaddav shall run concurrently.
No doubt in a practical sense, Vikas Yadav will have to face an imprisonment only upto 25 years instead of 30 years.
But that does not mean that SC has reduced the sentence. The Bench was led by Justice Dipak Misra.
Nitish Katara, a business executive with a Pvt. firm was murdered by Vikas and Vishal over the his relationship with their sister Bharti.
He was forcibly abducted from a marriage venue in Ghaziabad and killed in February 2002. Vikas Yadav is the son of influential UP politician DP Yadav.
Earlier in its August 17 Judgment, Supreme Court had upheld the Conviction and had confirmed that the murder was a “very well-planned” one.
Supreme Court order on quantum of Sentence in Nitish Katara Murder Case.pdf
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