A court here has refused to quash the jail term of a man who stole a person’s mobile phone after distracting him in heavy traffic, observing misplaced sympathy for the accused is harmful for the criminal justice system.
Special Judge Rakesh Kumar upheld the sentence of Mohd Yusuf while dismissing his appeal against a magisterial court order sending him behind bars and imposing a fine of ₹10,000 for the offence of theft.
“The sentence must take into account the gravity of the offence and its nature, otherwise, it can seriously undermine the respect of court of law. Misplaced sympathy for accused is harmful for criminal judicial system,” the judge said.
Appeal rejected
The court dismissed the convict’s appeal saying the complainant’s testimony was reliable and there was no reason for him to falsely implicate Yusuf.
“All these factors very clearly indicated that the accused had dishonestly removed the mobile phone of the complainant out of his possession without the consent of the complainant, who was owner of the mobile phone, and these facts constitute the offence of theft,” the judge said.