Introduction:

In a recent development, the Karnataka High Court, through a single judge bench of Justice J M Khazi, dismissed a plea seeking to enhance the Rs 1,000 fine imposed on a 72-year-old lady, Pionnamma. The case, initially lodged by Harish K B, an Honorary Animal Welfare Officer, involved the death of eight stray puppies in 2016. Pionnamma had admitted her guilt, and the trial court’s conviction order dated 06.08.2019 was challenged in this plea.

Arguments of Both Sides:

Harish K B argued that the punishment was inadequate, emphasizing Article 51 (A) (g) of the Constitution of India, which mandates compassion for living creatures. He contended that the penalty did not align with the gravity of the offense. Pionnamma, in her defense, highlighted her old age, asserting that it was her first offense and pleaded guilty. The trial court’s discretion in imposing a fine was justified, given these circumstances.

Court’s Judgement:

The court upheld the trial court and sessions court’s decision, stating that considering Pionnamma’s age (65 at the time of the incident, now 72) and her admission of guilt, interference was not warranted under Section 397 r/w 401 Cr.P.C. The bench noted that the State did not challenge the trial court’s order and observed that, under Section 372 Cr.P.C, the victim (Harish K B) had no right of appeal regarding the quantum of punishment. The court concluded that, as the accused had pled guilty and the trial court had sentenced her to pay a fine, the appeal was dismissed.