"Offence unpardonable; Direct threat to safety & security of citizens": Haryana Court sentences earring snatcher to 10 years jail

Ruling out leniency, a Haryana Court on Friday sentenced a man namely Shankar for snatching an earring from a woman to 10 years of rigorous imprisonment and a Rs. 25,000 fine.

Additional Sessions Judge (ASJ) Nishant Sharma observed, “The offence is unpardonable as it is a direct threat to the safety and security of ordinary citizens, especially women. Thus, the offence committed by the convict does not deserve any leniency from the Court.”

The court also observed that the offence of snatching is on a rapid rise may be due to the high rate of unemployment or due to a low probability of being caught.

The ASJ opined that for a punishment to be effective, it must include the arguments of deterrence, prevention, and reformation so that it prevents a future wrong while also bringing about a change in the offender's attitude through reformative measures during his incarceration, but a sentence must be warranted by the crime.

Advocate Pratik Duhan appearing for Shankar argued for leniency and stated that he is a poor person and his father has expired and has an old mother to look after. He also stated that there was no one else in the family to care for her.

“A certain level of balance between crime and punishment is unavoidable. Before sentencing a convicted person, several factors must be considered. When determining the severity of punishment, his age, antecedents, prior criminal record, responsiveness, prospects of reformation, and the circumstances surrounding the crime must all be considered”, the court stated.

Considering the antecedents of Shankar and his social, economic, and financial status, the court observed that he committed the offence having complete knowledge of its consequences. Accordingly, the court held Shankar guilty of offences under Section 379B (snatching with hurt, wrongful restraint, or fear of hurt) of the Indian Penal Code.

Case Title: State v. Shankar