Two men have been sentenced to three years in jail for stealing cell phones, with a Delhi court saying that a deterrent was needed to curb these offences which are increasing alarmingly.
The court, while sending convicts Harish and Veerpal to jail for the offences of house trespass and theft, observed that releasing them on probation would mean overlooking the gravity of the offence.
"In my view convicts do not deserve too much leniency and giving them benefit of probation would be overlooking the gravity of the offence.
"I am not in favour of releasing them on probation as such offences are increasing day-by-day in alarming numbers and deterrent affect must be shown to the prospective evil elements," Metropolitan Magistrate Ashok Kumar said.
The court said such a conduct needed to be discouraged and sentencing should be in proportion to the illegal and wrongful conduct.
"Accordingly both the convicts are sentenced to a period of three years rigorous imprisonment each for offences under sections 457 (lurking house trespass) and 380 (theft) of the IPC and a fine of Rs 5,000 each," it said.
According to prosecution, on March 24, 2012ataround 4 AM the duo broke into a shop in south-east Delhi using a screw driver and stole two mobile phones.
A constable caught the duo when they were coming out of the shop and arrested them, it said.
The court, while convicting the accused, said the sentencing is a balancing act and it should act as a deterrent as well as help a convict become a good member of society.
"The purpose of sentencing after conviction is a balancing act. On one hand, punishment should be sufficient to deter the accused not to repeat the offence in future and become a good member in the society. On the other hand, punishment should not be too harsh which results in accused becoming a hardcore criminal," it said.
"It is clear that accused entered into the shop without the consent of the owner and by means of instruments of house breaking which have been duly exhibited and which are the iron rod and screw driver from which the locks were broken," the court said.
