Sentencing
In the instant case the apex court reversed the judgment of the High Court wherein the court had reduced the punishment of 7 years R.I. for rape of a 10 year old child to two and half years R.I. The court reasoned that the accused was a young boy of 18 years belonging to Vaddara Community and illiterate and hence it was proper of taking reduce the sentence. The apex court depreceted the practice of taking resort to “special and adequate reasons’ – in a casual manner held that ‘Judicial response to human rights cannot be blunted by legal jugglery’. The apex court restoring the sentence given by the trial court held that 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 age of the sexually assaulted female and the gravity of the criminal act.
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