Minor rape cases deal with iron hand: Supreme Court

“Crimes of violence upon women need to be dealt with an iron hand,” said The Supreme Court to take sturdy decision and show no leniency while dealing with heinous offence or raping of girls of tender age.

A Bench comprised by justice Arijit Pasayat and P Sathasivam upheld the appeal filed by the Rajasthan government a High Court order, which reduced the sentence by 3 years of Madan Singh convicted for raping a minor girl. Singh was earlier sentenced to 10-year RI by a session court for raping the 10-year old minor girl on August 29, 1999.

In its assessment the HC showed leniency after learning that the convict was a young person and the sole bread earner of his family of his wife and two kids, who have grown up and needed his supervision.

Supreme Court ordered restoration of the trial court decision to award 10 years' RI on the convict. The Bench observed perhaps the Rajasthan High Court forgot that the girl raped was also a child. It said the ground for leniency showed by the High Court towards the accused was non-existent in the statute.

The apex court, while setting aside the judgement of the High Court, noted,'' the measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, the state and the age of the victim and the gravity of criminal act. Crimes of violence upon women need to be dealt with an iron hand. The socio-economic status, religion, race, caste or creed of the accused or the victim is irrelevant considerations in sentencing policy.''

While reading the 7-page document the Bench said, “the sentencing courts are expected to consider all relevant facts and circumstances bearing on the question of sentence and proceed to impose a sentence commensurate with the gravity of the offence.”

The two-member Bench said that the Courts must hear the loud cry for justice by the society in cases of the heinous crime of rape of innocent helpless tender girls and respond by imposition of proper sentence.

NHRC on child rape cases

In July 16, 2007 The National Human Rights Commission has come up with guidelines for speedy disposal of child rape cases. Three incidents of sexual assault and rape of minor girls in Kerala had triggered the NHRC to take tough stand on the issue, which were brought to the notice of the Commission by the President of All India Democratic Women's Association, Thiruvananthapuram.

The draft guidelines were prepared and placed before the Commission last year and later forwarded to Home Secretaries and DGPs of all the States/Union Territories for their suggestions and comments.

The Commission prepared the draft guidelines for speedy disposal of these cases after analysing the comments. The draft recommended for TRIAL COURT to be set up.

Following are the suggestion for the Trial Court while hearing the child rape cases:

Fast Track courts preferably presided over by a lady judge and trial to be held in camera; Atmosphere in the court should be child friendly;

If possible, the recordings be done in video conferencing so that victim is not subjected to close proximity of the accused; and

Magistrate should commit case to session within 15 days after filing of the charge sheet.

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