In Siriya v. State of M.P. [(2008) 8
SCC 72 : (2008) 3 SCC (Cri) 422] it has been
held as follows: (SCC pp. 75-76, para 13)
"13. '7. ... Protection of society and
stamping out criminal proclivity must be the
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object of law which must be achieved by
imposing appropriate sentence. Therefore, law
as a cornerstone of the edifice of 'order' should
meet the challenges confronting the society.
Friedman in his Law in Changing Society stated
that: 'State of criminal law continues to be--as
it should be--a decisive reflection of social
consciousness of society.' Therefore, in
operating the sentencing system, law should
adopt the corrective machinery or deterrence
based on factual matrix. By deft modulation,
sentencing process be stern where it should
be, and tempered with mercy where it
warrants to be.'
In Siriya alias Shri Lal v. State of M.P. (2008) 8 SCC 72, it has been held as follows: (SCC pp.75-76, para 13)
"13. ''7. ... Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his Law in Changing Society stated that: "State of criminal law continues to be - as it should be - a decisive reflection of social consciousness of society". Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants to be.' * "
In Siriya alias Shri Lal v. State of M.P. (2008) 8 SCC 72, it has been held as follows: (SCC pp.75-76, para 13)
"13. ''7. ... Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his Law in Changing Society stated that: "State of criminal law continues to be - as it should be - a decisive reflection of social consciousness of society". Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants to be.' * "
In 2008 X AD (S.C.) 645 in case titled as Siriya @ Shri Lal
Vs State of Madhya Pradesh, it has been held that, "in operation of
Sentencing System, law should adopt corrective machinery or the
deterrence based on factual matrix facts and given circumstances in each
case, the nature of the crime, in manner in which it was planned and
committed, the motive for commission of the crime, the conduct of the
accused, nature of weapons used and all other attending circumstances
are relevant in award of sentence. Sympathy to impose inadequate
sentence would do more harm to the justice system to undermine the
public confidence in the efficacy in law. .......... In each case, there should
be proper balancing of aggravating and mitigating circumstances on the
basis of relevant circumstances in a dispassionate manner.