VidhiSangh

Supreme Court of India · 05/04/2024

SHIVANI TYAGI versus STATE OF U.P. & ANR.

[2024] 5 S.C.R. 36 · 2024 INSC 343

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Suspension of life sentences for an acid attack required written reasons addressing the offence’s gravity, manner and other relevant factors. A compensation offer, time served and likely appeal delay could not replace that assessment. The High Court ignored the victim’s permanent disfigurement and applied the statutory test inadequately. The victim’s appeals were allowed, suspension and bail set aside, and the five convicts directed to surrender within four days, failing which they were to be arrested. Conviction appeals remained undecided.

Issues

  1. Whether the High Court applied the proper Section 389 test for suspending life sentences.
  2. Whether compensation and delay justified the orders without examination of relevant factors.
  3. What custody directions followed without deciding the conviction appeals.

Provisions considered

Held

Result

Victim’s appeals allowed; sentence suspension set aside and all five convicts’ bail cancelled. Surrender within four days (by 9 April 2024), failing which arrest and custody directed. Conviction appeals remain for independent decision.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 36.