Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gang rape of girl aged 16 years Crime against women s.376(2)(g) and s.120-B Sentence/Sentencing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing: Gang rape of girl aged 16 years – Prosecution case was that accused no.1 picked up the victim in a car along with his friend accused no.2 and took her to a restaurant where he forcibly gave her a soft drink mixed with intoxicant – After taking the said drink, the victim fell unconscious – Thereafter, the accused-appellants committed rape on her – Appellant convicted and sentenced to undergo rigorous imprisonment for fifteen years with fine of Rs.25,000 for offence under s.376(2)(g) and rigorous imprisonment for 10 years for offence under s.120-B and both the sentence were to run concurrently – In the instant appeal, the conviction was upheld – Challenge limited to quantum of sentence – Held: Prior to the amendment (Amendment Act 13 of 2013), for the punishment under s.376(2)(g) IPC, it provided for rigorous imprisonment for a term not less than ten years but which may be for life and shall also be liable to fine – Prior to the amendment (Amendment Act 13 of 2013) by the proviso to s.376(2) IPC, the Court was vested with the discretion that for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years – At the time of occurrence, appellant no. 1 was working as a police driver and appellant no. 2 was a singer having good reputation, performing as a singer on the stage and both the appellants were aged about 24-25 years – Both the appellants had no criminal antecedents and they hailed from backward area – The certificate issued from the Jail Authorities showed their good and satisfactory conduct and participation in the sports/garden activities and other programmes of the Jail – Therefore, in the facts and circumstances of the case, the sentence of imprisonment of fifteen years (for the conviction under s. 376(2)(g) IPC) and sentence of imprisonment of ten years (for the conviction under s.120B IPC) are reduced to eight years and both the sentences are to run concurrently – Penal Code, 1860 – s.376(2)(g) and s.120-B – Crime against women. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 599 |
Petitioner | Thongam Tarun Singh |
Respondent | The State Of Manipur |
SCR | [2019] 7 S.C.R. 143 |
Judgement Date | 2019-04-30 |
Case Number | 805 |
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