Wokha, July 25 (MExN): The Court of Judicial Magistrate First Class, Wokha, has convicted and sentenced four individuals for hunting, “shooting and torturing” a Hornbill bird in Bhandari Town under Wokha district in June 2022. The incident, which had gone viral on social media platforms such as WhatsApp, drew widespread condemnation at the time.
The convicted individuals have been identified as Myanthung Ezung, Nribemo Patton, Rhyuzamo Patton and Renthungo Mozhui.
According to a press release issued by the office of the Additional Public Prosecutor, Wokha, the conviction was based on a complaint filed under Section 55 of the Wildlife (Protection) Act, 1972 by H. Tokaho Kinimi, IFS, Wildlife Warden In-Charge of the Wildlife Crime Control Branch, Wildlife Division, Dimapur, under the Department of Environment, Forests & Climate Change, Government of Nagaland.
The case was prosecuted by Assistant Public Prosecutor, Wokha, K. Renpemo Tungoe, who represented the complainant.
In the judgment, Judicial Magistrate Julian Sitlhou, NJS, observed, “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.”
The Magistrate 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 court stressed the importance of proportionality in criminal sentencing, stating that the principle is “well entrenched in criminal jurisprudence.” It added, “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 interest and consciousness of the society for award of appropriate sentence.”
