While hearing arguments for deciding the quantum of punishment of ST bus driver, Santosh Mane, who mowed down 9 persons and injured 36 others in 2012, the Bombay high court questioned whether such person can be allowed to be a part of the society.
"Can such a person be permitted to be a part of the society?" questioned a division bench of justices VM Kanade and PD Kode on Wednesday.
The judges even remarked that if the person who committed such a dastardly act was let off leniently, then there could be others who could commit similar acts.
"(The question is) Whether the society can tolerate such acts? This goes against the degree of recklessness. If such a thing is tolerated of one person, then others could commit similar offence," remarked justice Kode.
While seeking confirmation of Mane's death sentence, public prosecutor Sandeep Shinde argued that as per several Supreme Court judgments, dependency, poverty and age cannot be mitigating circumstances to award lesser punishment on the convict.
"Poverty and socio-economic psyche and adverse situations shall be considered if they play a major role in the commissions of the offence otherwise, it shall not be considered as mitigating circumstances," argued Shinde.
Giving an example, Shinde said that if out of poverty, if a person commits dacoity to sustain his family, then it could be considered a mitigating circumstance.
However, in the present case, Mane went on a rampage and killed innocent persons who could not defend themselves.
While imposing the punishment, the courts should not only observe the circumstances of the accused, but also of the victims, argued Shinde.
Also, Shinde argued that the as per SC judgments, the courts cannot ignore public outcry as the public look up to the courts for justice.
The HC will continue to hear arguments on quantum of punishment on Thursday.
Case recap -
On January 25, 2012, Mane hijacked an empty state transport bus from the Swargate depot in Pune and sped off on the wrong side of the road catching oncoming traffic and people unawares.
Mane rode for about 25 kms during which he rammed into moving and stationary vehicles and pedestrians. He was later nabbed by the police.
In December 2013, the sessions court at Pune had awarded death penalty to Mane for mowing down nine persons and injuring 37 others in a road rage incident.
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