A sessions court in Delhi has set aside the order on sentence of a man for causing death by negligent driving, saying "it does not pass the muster of law" and asked the metropolitan magistrate to "consider matter afresh in accordance with law."
District and Sessions Judge R K Gauba, while allowing an appeal, questioned the finding of the trial court on the basis of which Adesh Singh, an Uttar Pradesh resident, was sentenced, saying that its order on sentence had two basic defects.
"The order on sentence does not pass the muster of law since no steps have been taken to call for Victim Impact Report (VIR) (a report on impact of the offence on the victim)," the court said pointing out the first defect.
While referring to a Supreme Court and a high court judgement, it noted that a mandatory rule that a criminal court should seek VIR before proceeding ahead on the question of sentence "has not been done for reasons not explained".
The court, pointing out the second defect in metropolitan magistrate's order, said that just a token amount of Rs 5000 was awarded to the legal heirs of the person who died in the accident, without properly inquiring as to the amount payable on such account.
"In view of the aforementioned facts and circumstances, the appeal is allowed thereby setting aside the order on sentence passed metropolitan magistrate on September 17, 2014.
The matter is remanded to the magistrate for fresh consideration on the question of sentence in accordance with law," it said.
The court also held that the judgement of a court holding an accused guilty is not complete till the order on sentence is also passed in its wake, therefore, his right to appeal against his conviction, still exists for him.
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