The Court of Judicial Magistrate First Class, Wokha, Julian Sitlhou, NJS has convicted and sentenced four accused persons for shooting and torturing Hornbill bird on June 6 last at Bhandari town under Wokha district, where the incident also went viral in social media Whatsapp group
The accused are Myanthung Ezung, Nribemo Patton, Rhyuzamo Patton and Renthungo Mozhui.
According to a press release issued by Additional Public Prosecutor, Wokha, the conviction was secured on the basis of a complaint under Section 55 of the Wildlife (Protection) Act, 1972 filed by H Tokaho Kinimi, IFS), Wildlife Warden I/C, Wildlife Crime Control Branch, Wildlife Division, Dimapur, Department of Environment, Forests & Climate Change, Government of Nagaland.
The case was conducted by Assistant Public Prosecutor, Wokha, K Renpemo Tungoe who represented the complainant.
In her Order, the Magistrate said, ‘”This Court, in essence, must affirm that punishment ought always to fit the crime; yet in practice sentences are determined largely by other considerations. Sometimes, it is the correctional needs of the perpetrator that are offered to justify a sentence, sometimes the desirability of keeping him out of circulation, and sometimes even the tragic results of his crime. Inevitably, these considerations cause a departure from just deserts as the basis of punishment and create cases of apparent injustice that are serious and widespread.”
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It further held that “proportion between crime and punishment is a goal respected in principle and in spite of errant notions, it remains a strong influence in the determination of sentences.”
The Magistrate has also “taken into account of the principle of proportionality in sentencing a crime-doer which is well entrenched in criminal jurisprudence. As a matter of law, proportion between crime and punishment bears most relevant influence in determination of sentencing the crime-doer. The Court has taken into consideration all aspects including social interests and consciousness of the society for award of appropriate sentence.”
