Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860-s. 37 6 (I ) |
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 (1) - Rape of married woman in broad day light under threat of knife-Conviction by trial Court-Sentence of 7 years RI (minimum sentence) - High Court reducing the sentence to period already undergone i.e. 2 months 3 days - On appeal, held: In view of the conviction of the accused having been rightly recorded by trial court and upheld by High Court, reducing of sentence to less than the minimum sentence without 'adequate' and 'special' reasons, is illegal - Trial Court was wholly right and fully justified in awarding punishment for 7 years as envisaged by s. 376 (1) - Criminal Law (Amendment) Act, 1983 - Sentencing.Sentence/Sentencing - Sexual offence against woman - Considerations for sentencing - held: In such cases, the accused should be treated with heavy hands - Social impact of such crime has to be kept in mind - Liberal attitude or sympathetic view may prove to be counter productive in long run. Doctrines/Principles - Doctrine of proportionality - In prescribing sentences - Discussed.Respondent-accused was prosecuted for having committed rape on a married woman, in broad day light threatening her with knife. Prosecutrix reported the incident to her husband (PW-7) and her mother-in-law. Incident was also reported to PW-8 (employer of PW-7). Thereafter, PW-7 reported the incident to the Police. Prosecutrix as well as accused were medically examined. Accused took the plea of false implication. During trial, PW-8 turned hostile. Trial Court, relying on the evidence of prosecutrix (PW-5), PW-7 and PW-9 (Doctor), held that accused was guilty of offence of rape and convicted him u/s 376 IPC. However, accused was acquitted u/s. 506 II IPC. Accused was sentenced to RI for 7 years and fine of Rs. 2,500/-. In appeal, High Court reduced the sentence to that already undergone (i.e. two months and three days), on the grounds that the accused was illiterate agriculturist from rural area and fine of Rs.2,500/- was imposed on him. Hence the present appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1215 |
Petitioner | State Of Madhya Pradesh |
Respondent | Babulal |
SCR | [2007] 12 S.C.R. 795 |
Judgement Date | 2007-12-03 |
Case Number | 1658 |
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