Rapists have no right to seek leniency, rules SC

R Sedhuraman

Legal Correspondent

New Delhi, July 1

The Supreme Court today ruled that rapists had no right to seek lesser punishment, citing marriage proposals or any other compromise with the victims.

“There cannot be a compromise or settlement as it would be against the victim’s honour which matters the most. It is sacrosanct,” a Bench comprising Justices Dipak Misra and Prafulla C Pant held.

In fact, marriage proposals were nothing but a form of pressure and as such the judiciary should desist from adopting a soft approach towards the accused in the light of such offers, the Bench said.

The Bench made the clarification in a rape case in which the trial court had awarded five-year rigorous imprisonment, but the Madhya Pradesh High Court reduced it to the period of custody already undergone (about one year) by setting aside the conviction for rape under Section 376(2)(f) and making it an offence of attempt to rape under Section 354 of the IPC.

The crime against a seven-year-old girl was committed in December 2008.

Any leniency shown to those involved in rape or attempt to rape “punctures the criminal justice dispensation system”, it held.

The apex court noted that the HC had not explained as to how the trial court had failed to appreciate the evidence in proper perspective and ignored the material contradictions in the statements of prosecution witnesses.

On the other hand, the HC had noted that parties had entered into a compromise, the SC pointed out without going into the details.

Holding that the HC’s approach “does not satisfy the requirement of exercise of the appellate jurisdiction”, the apex court set aside the HC verdict. It, however, sent the case back to the HC for a fresh hearing.

The convict in the case should be put behind bars, pending disposal of the appeal, it said. The state government had come to the SC, challenging the HC ruling.