SC pulls up Andhra HC for reducing rapist’s sentence

The bench, which included Justice R.C. Lahoti and Justice K.G. Balakrishnan, noted in its nine-page judgment that to show mercy in a case like this would be a travesty of justice. There are no reasons, much less sufficient and adequate reasons, available on the record to impose a lesser sentence than the prescribed minimum, the bench added while allowing an appeal by the Andhra government against the impugned High Court judgment.

The prosecutor said the victim was raped by Polamala Raju, alias Rajarao on January 4, 1985. The accused, a neighbour of the victim, was tried for an offence under Section 376 of the Indian Penal Code on an FIR lodged by her father.

The version of the victim regarding the offence by the accused, as narrated in the court through her mother, was corroborated by medical evidence and other evidence presented in the case and the trial court awarded 10 years’ rigorous imprisonment to the accused.

The High Court, however, reduced it to five years’ imprisonment.

The Supreme Court said that the age of the victim in the case was admittedly five years at the relevant time. Normal sentence under Section 376 (2) IPC in a case where rape is committed on a child below 12 years of age, is not less than 10 years’ RI.

The courts are obliged to respect this legislative mandate when the case falls under the proviso, the apex court said. The proviso to Section 376(2) IPC, however, lays down that in exceptional cases for special and adequate reasons, a lesser sentence may be awarded.

“The proviso, in our opinion, would come into play, only when there are `adequate and special reasons’, available in a case. Those reasons need to be disclosed in the order or judgment itself so that appellate forum is in a position to know as to what weighed with the court in awarding a sentence less than the minimum prescribed under the act,” the judges observed.

The court, the judges said, has time and again drawn attention of the subordinate courts to the sensitivity which is required for the courts to deal with all such cases. and more particularly in cases involving crime against women.