New Delhi:
Violence against women, particularly rape of minor girls, should be severely
dealt with by imposing exemplary punishment, the Supreme Court has held.
“The
socio-economic status, religion, race, caste or creed of the accused
or the victim is an irrelevant consideration in the sentencing policy.
Protection of society and deterring the criminal are the avowed object
of law and that is required to be achieved by imposing an appropriate
sentence,” said a Bench of consisting Justices Arijit Pasayat and
P. Sathasivam.
-
Protection
of society, deterring criminal are avowed object of law
- Courts
must respect legislative mandate in awarding sentence for heinous crimes
|
Writing
the judgment, Justice Pasayat said: “The sentencing courts are expected
to consider all relevant facts and circumstances bearing on the question
of sentence and impose a sentence commensurate with the gravity of the
offence. Courts must hear the loud cry for justice by society in cases
of the heinous crime of rape of innocent helpless girls of tender years,
as in this case, and respond with imposition of proper sentence.”
The Bench said:
“The measure of punishment in a case of rape cannot depend upon the social
status of the victim or the accused. It must depend upon the conduct of the
accused, the age of the sexually assaulted female and the gravity of the
criminal act. Public abhorrence of the crime needs reflection through imposition
of an appropriate sentence by the court.”
In the
instant case, a trial court in Rajasthan awarded Madan Singh 10-year
imprisonment for raping a 10-year-old girl.
On appeal, the
High Court reduced the sentence to seven years.
Allowing the
state’s appeal against this judgment, the apex court said there were no
extenuating or mitigating circumstances on record which might justify a lesser
punishment. To show mercy in a case of such heinous crime would be a travesty of
justice and the plea for leniency was wholly misplaced.
The Bench
pointed out that the legislative mandate was to impose a minimum sentence of
10-year imprisonment for rape of a girl less than 12 years of age and the
punishment could even extend to life imprisonment.
“The courts are
obliged to respect the legislative mandate in the matter of awarding sentence in
all such cases,” the Bench said and restored the punishment awarded by the trial
court. |