Priyadarshini Mattoor Case Verdict- Some Random Thoughts on the Apex Court’s Verdict - By Saritha Thonoor

Deterrent Theory or Retributive Theory - Which should be choosen for a rapist?

Recently the Apex Court in the controversial “Priyadarshini Mattoo Murder Case” has commuted the death sentence of Priyadarshini’s murderer, to life sentence.

The Court said “The appellant was a young man of 24 at the time of the incident and, after acquittal, had got married and was the father of a girl child. Undoubtedly, also the appellant would have had time for reflection over the events of the last fifteen years, and to ponder over the predicament that he now faces, the reality that his father died a year after his conviction and the prospect of a dismal future for his young family. On the contrary, there is nothing to suggest that he would not be capable of reform. There are extremely aggravating circumstances as well. In particular we notice the tendency of parents to be over indulgent to their progeny often resulting in the most horrendous of situations. These situations are exacerbated when an accused belongs to a category with unlimited power or pelf or even more dangerously, a volatile and heady cocktail of the two. The reality that such a class does exist is for all to see and is evidenced by regular and alarming incidents such as the present one. Nevertheless, to our mind, the balance sheet tilts marginally in favour of the appellant, and the ends of justice would be met if the sentence awarded to him is commuted from death to life imprisonment under Section 302 of the Indian Penal Code.”

Criminal law has traditionally been taught and analysed as if the gender of criminals and their victims is irrelevant. The fact that appellant has married after committing the crime and has got a child under that marriage, is it a reason for commuting the death sentence; especially in this case as the appellant had tortured the victim many times despite of various warnings and the victim was even under police protection fearing an attack from the appellant. The appellant has brutally raped and murdered a lady legal luminary in the making, will the commutation of his death sentence encourage other rapists in this nation? Proponents of the reformative theory itself accepts that the theory doesn’t work in case of hard-core criminals, isn’t Priyadarshini’s murderer a hard core criminal? Does not parents of Priydarshini have a right to see to it that the murderer of their child gets appropriate punishment or does that fade away on the appellant’s marriage and subsequent birth of a child under that marriage?

Is our Apex Court going to a point from where it cannot be saved ???