Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentencing Rape |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Crime Against Women - Rape - Held: Rape is one of the most heinous crimes against women, which violates her right to life guaranteed under Article 21 of the constitution - Constitution of India, 1950 - Article 21. Bodhisattwa Gautam vs. Subhra Chakraborty (1996) 1 490:1995 (6) Suppl. SCR 731 - relied on. Sentence/Sentencing - Rape case - Punishment for - High Court in appeal, maintaining the conviction of the accused persons, but reduced the sentence of imprisonment of accused No. 1 from 8 years to already undergone(i.e. more than 2 years) and of accused No. 2 from 4 years to already undergone (i.e. 1 year 10 months and 7 days) - On appeal, held: Sentence bargaining is impermissible in a serious office like rape - Minimum sentence for rape is 7 years as provided u/s 376(1) /PC - The minimum sentence can be reduced only after assigning adequate and special reasons - The reasons must contain extenuating circumstances which prompted the court to reduce the sentence below the prescribed minimum - The courts are required to strictly abide by this legislative command - In the instant case, High Court heard the appeals in slipshod manner - Even if the accused did not press the appeals, it was the duty of the High Court to consider the propriety of conviction - The High Court could have reduced the sentence below the minimum prescribed under the Jaw only when it gave reasons containing extenuating circumstance - High Court did not give any reason for reducing the sentence and such a course is against the mandate of s. 376(1) IPC, hence legally unsustainable - Matter remanded to High Court for disposal afresh - Penal Code, 1860 - s.376(1). State of Karnataka vs. Krishnappa (2000) 4 SCC 75: 2000 (2) SCR 761; State of A.P. vs. Bodem Sundara Rao(1995) 6 sec 230: 1995 (4) Suppl. SCR 48 - relied on. |
Judge | N/A |
Neutral Citation | 2013 INSC 336 |
Petitioner | State Of Haryana |
Respondent | Janak Singh & Etc. |
SCR | [2013] 5 S.C.R. 1144 |
Judgement Date | 2013-05-10 |
Case Number | 792-793 |
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