________________
(2) "It is not possible for court to explore the murky depths of a warped and twisted mind so as to discover whether an offender is capable of reformation or redemption, and if so, in what way. That is a subject on which only experts...could hazard an opinion with any degree of confidence. Judicial psychotherapy has its obvious and inherent limitations."33
(3) ".. there are no penological guidelines in the statute for preferring the lesser sentence..."34
(4) "In a good system of administration of justice, pre-sentence investigation may be of great sociological value. Throughout the world humanitarianism is permeating into penology and the courts are expected to discharge their appropriate roles."'35
(5) "We cannot do better than say that the directive principle contained in Article 42 of the Constitution that 'the State shall make provision for securing just and humane conditions of work' may be benevolently extended to living conditions in jails. There are subtle forms of punishment to which convicts and under-trial prisoners are sometimes subjected but it must be realized that these barbarous relics of bygone era offend against the letter and spirit of our Constitution."36
All penal codes with their innumerable offences and penalties, from the mild admonition to the cruel death-sentence, are but as many social acknowledgements of the proclaimed failure to cure the individual human mind of its gullible (criminal) tendency. Combat at psychic and psychological levels to treat deviance so as to make the human conduct conform to the social norms is still at an experimental and investigational stage. Before the outcome of this treatment method is known, the sociological theorists, denouncing all the efforts at correctionalism, insist upon social rearrangement with fundamental social change where there should be no opportunity for committing crimes.
33
Ibid., p. 270; Edigamma Anagamma Vs State of A. P., p. 276.
31 Ibid., p. 500, Francis Alias Parman Vs State of Kerala and also Bhagawanta Vs State of Maharashtra, per M. H. Beg J., p. 504.
35 1976 Criminal Law Reporter, SC, 33 Ramashraya Chakravarty Vs State of Madhya Pradesh, per P K. Goswami & N. L., Untwalia JJ.
36
1974 Criminal Law Reporter, SC, 605, D. Bhuvan Mohan Patnaik Vs State of Andhra Pradesh and Others per Mr Chandra Chuda (now CJ) J., p. 610.
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