Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | there cannot be a compromise or settlement as it would be against the honour of the victim which matters the most 1860 - s. 376(2)(f) rw s. 511 ands. 354 - Rape - Prosecution case that accused raped a seven year old girl- Conviction uls. 376(2)(f) rw s. 511 and sentenced to rigorous imprisonment for five yearsIn a case of rape or attempt of rape Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s. 376(2)(f) rw s. 511 ands. 354 -Rape - Prosecution case that accused raped a seven yearold girl- Conviction uls. 376(2)(f) rw s. 511 and sentenced torigorous imprisonment for five years - High Court in view ofcompromise between the accused and the parents of thevictim, converted the offence to one u/s. 354 and confinedthe sentence to the period of custody already undergone -On appeal, held: In a case of rape or attempt of rape, therecannot be a compromise or settlement as it would be againstthe honour of the victim which matters the most - These are crimes against the body of a woman which is her own temple- These offences suffocate the breath of life and sully thereputation -Adopting a soft approach or a liberal one wouldbe a spectacular error - Any kind of liberal approach orthought of mediation is completely sans legal permissibility- Matter remitted back to the High Court for a fresh decision.Judicial Deprecation - Rape cases - Some of theappellate judges, contrary to the precedents and against thenormative mandate of law, assuming a presumptuous role -It ruptures the sense of justice and punctures the criminaljustice dispensation system. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 458 |
Petitioner | State Of M.p. |
Respondent | Madan Lal |
SCR | [2015] 7 S.C.R. 998 |
Judgement Date | 2015-07-01 |
Case Number | 231 |
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