Drug trafficking: 7 months jail for HIV+ African woman
21 Sept 2014 4:03 AM IST
An HIV positive South African woman has been awarded seven months in jail for carrying 12 kgs of a narcotic drug, by a Delhi court which took a lenient view considering her economic and social background.
It said that imposing a harsh sentence on her would not subserve the interests of justice.
‘The sole purpose of punishing an offender is not retribution alone and that the courts while sentencing an offender must make an attempt, within the parameters of the law, to afford an opportunity to the offender to reform himself and lead the life of a normal, useful member of society,’ special judge Anu Grover Baliga said, while also imposing a fine of Rs 20,000 on her.
The court noted that her health was deteriorating due to the disease, saying, ‘The convict has been diagnosed to be HIV positive and suffering from hypertension and that her three minor children have nobody to look after in South Africa.’
However, on the submission by the woman that she was forced to indulge in drug trafficking due to her economic condition, the court observed that ‘poverty cannot be taken as a justification for commission of
crimes’. According to the prosecution, the NCB apprehended her on 16 March, 2014 from IGI Airport while she was about to fly to Nairobi.
It said that imposing a harsh sentence on her would not subserve the interests of justice.
‘The sole purpose of punishing an offender is not retribution alone and that the courts while sentencing an offender must make an attempt, within the parameters of the law, to afford an opportunity to the offender to reform himself and lead the life of a normal, useful member of society,’ special judge Anu Grover Baliga said, while also imposing a fine of Rs 20,000 on her.
The court noted that her health was deteriorating due to the disease, saying, ‘The convict has been diagnosed to be HIV positive and suffering from hypertension and that her three minor children have nobody to look after in South Africa.’
However, on the submission by the woman that she was forced to indulge in drug trafficking due to her economic condition, the court observed that ‘poverty cannot be taken as a justification for commission of
crimes’. According to the prosecution, the NCB apprehended her on 16 March, 2014 from IGI Airport while she was about to fly to Nairobi.
Next Story
