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This is an archive article published on December 4, 2007

Treat rape convicts with 145;heavy hand146;: SC

The Supreme Court said today that a 8220;heavy hand8221; should be used to deal...

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The Supreme Court said today that a 8220;heavy hand8221; should be used to deal with rape convicts, underlining that a 8220;casual, indifferent, perfunctory approach or an insensitive attitude8221; by subordinate courts would not be tolerated.

The Bench comprising Justices C K Thakker and Altamas Kabir said that courts are 8220;expected to try and decide cases of sexual crime against women with utmost sensitivity8221;. It observed that a 8220;socially sensitised judge is a better armour in cases of crime against women than a long clause of penal provisions, containing complex exceptions and provisos.8221;

Today8217;s ruling came a day after another apex court Bench comprising Justices G P Mathur and G S Sinhvi ruled that 8220;whether the rape has occurred or not is a legal conclusion, not a medical one8221;. Hearing a case related to the rape of a minor, the Bench held that 8220;it is quite possible to commit the offence of rape without producing any injury to the genitals or leaving any seminal status.8221;

The Bench today set aside the judgement of a Madhya Pradesh High Court judge who reduced the seven-year imprisonment of a rape convict to two months and three days which he had already undergone after his arrest.

Criticising this attitude, the apex court said the High Court judge had committed a grave 8220;miscarriage of justice8221;.

 

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