- The Courts of this country have time and again held a woman’s honour in a very high regard. It was in this light that the Andhra Pradesh HC has refused to set aside a conviction under 376 IPC on the grounds of a compromise entered into between the victim and the accused.
- The Court has also observed that rape is an offence against the society at large and therefore it cannot be left to the parties to enter into a compromise and settle the same.
- In the instant case, the accused was convicted by the Trial Court under sections 376, 342,417 and 420 of the IPC by the Court of Sessions, Vijayawada, for raping the woman. Thereafter, the woman filed an IA in the High Court stating that she fell in love with the accused and wanted to marry him but due to some reasons, that could not happen.
- She further stated that due to some misunderstanding, she filed a report against the accused, but later after the intervention of her family and some elders, they were scolded and were asked to put an end to all these ill feelings in order to lead a peaceful life. It was due to this reason that the victim approached the HC to set the conviction aside.
- It was argued that both the victim and the accused were close friends, they fell in love and had decided to get married, but for some reasons that could not happen and thus the present case was filed.
- The Hon’ble HC relied upon the decision of the Hon’ble Supreme Court in State of Madhya Pradesh vs. Madan Lal (2015) SCC, in which the Court had observed in stringent terms that the offence of rape suffocates the breath of life and sullies the reputation. The dignity of a woman is a part of her non-perishable and immortal self and no one should ever think about painting it in clay. There cannot be a compromise as it would be against her honour which matters the most.
- In light of this view of the Apex Court, the HC observed that since the accused has been convicted of the offence of rape under 376 IPC, the issue of compromise does not arise.
- The Court also noted that the question of any misconception dolled out to the victim, or a promise of marriage which was false since it’s inception, or whether the physical relationship consensual, can be only gone into while deciding the case on it’s merits and not under the present application and since the accused has been convicted by the trial court, no question of compromise will arise.
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