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Ex-Gunner Virender Prasad v. Union of India & Anr.

Criminal Appeal · 2020 INSC 305Decided 18 Mar 2020
Criminal Appeal No. 2035 of 2012
Chief Justice S.A. Bobde · Justice B.R. Gavai · Justice Surya Kant

Background

An army gunner shot and killed a fellow soldier while allegedly experiencing a delusion of a militant attack during his posting near the Line of Control in Kashmir at the height of militancy in the region. He immediately surrendered and confessed. A court martial convicted him of murder under the Army Act and sentenced him to life imprisonment and dismissal from service, a decision upheld by the Armed Forces Tribunal.

Decision Breakdown

The Supreme Court found no reason to disturb the conviction, agreeing that the evidence supported the finding of guilt. However, on sentencing, it took into account several mitigating factors: the extreme stress of the appellant's posting in a conflict zone, his conduct of immediately surrendering and confessing, his excellent conduct in prison, and the fact that he had already served over 16 years in custody (equivalent to about 20 years with remission), well beyond the minimum period required under the law for life convicts. The Court dismissed the appeal against conviction but, exercising its discretion on sentence, directed his immediate release since he had already served a sentence more than proportionate to the offence.

Lesson Learnt

Even where a conviction is upheld, India's courts retain the power to reconsider whether a sentence already served is proportionate to the crime, particularly where there are genuine mitigating circumstances and good conduct, and can order immediate release instead of requiring further incarceration.

Official source (sci.gov.in)View Judgment (PDF)

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