Patna: The Patna High Court has granted significant relief to a 90-year-old man convicted in a two-decade-old criminal case, ruling that his advanced age and the prolonged judicial process made further imprisonment unjust.
In a recent judgment, a single-judge bench of Justice Alok Kumar Pandey observed that factors such as old age, mental distress caused by prolonged litigation and the fact that the accused was a first-time offender must be considered while determining the quantum of punishment.
The court held that it would no longer be equitable to send the man back to prison to serve the remainder of his sentence.
Case dating back to 2005
The case relates to a 2005 incident registered as Hulashganj police station case No 67/2005 in Jehanabad district of Bihar. The accused, Akhilesh Prasad, was charged with attacking Bharteshwar Prasad with a sharp weapon following a dispute over rent.
According to the prosecution, the complainant was opening the front door of his house when he was struck once, sustaining injuries. His statement was recorded after receiving medical treatment.
In 2009, a sessions court in Jehanabad convicted the accused under Section 307 of the Indian Penal Code (attempt to murder), along with other charges, and sentenced him to seven years’ imprisonment. The accused had served approximately one year, one month and nine days in custody.
Conviction modified by High Court
Reassessing the evidence, the high court noted that the accused had delivered only a single blow and had not repeated the attack. It further observed that medical evidence did not indicate the injury to be life-threatening.
On this basis, the court ruled that the intent required to establish a charge under Section 307 was not proven. The conviction was modified to Section 324 of the IPC (voluntarily causing hurt by dangerous weapons), and the accused was acquitted of the remaining charges.
The judgment underscores the court’s emphasis on proportional sentencing, particularly in cases involving elderly convicts and prolonged legal proceedings.
