TMI Blog2003 (11) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... bottom of morality when they sexually assault children, minors and like the case at hand, a woman in the advance stage of pregnancy. We do not propose to mention name of the victim. Section 228-A of the Indian Penal Code, 1860 (in short the 'IPC') makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. But keeping in view the social object of preventing social victimization or ostrac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuscule sentence is awarded for such a grave offence, it would be giving premium to one most obnoxious acts punishable under the IPC. It is submitted that the sentence should be commensurate with the nature of the offence. In this case the High Court has not even indicated any reason for reducing the sentence below the prescribed minimum which under the proviso to Section 376(1) IPC can be done for adequate and special reasons to be mentioned in the judgment . Learned counsel appearing for the respondents submitted that the evidence on record does not establish commission of the offence of rape and at the most the offence for which accused could be convicted is under Section 354 IPC, dealing with the assault or criminal force to a woman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r commission of the crime, the conduct of the accused, the nature of weapons used the indelible impact on the victim and his family and all other attending circumstances are relevant facts which would enter into the area of consideration. Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats. It is, therefore, the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed etc. This position was illuminatingly stated by this Court in Sevaka Perumal etc. v. State of Tamil Naidu (AIR 1991 SC 1463). The crimin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss than a penalty of greatest severity for any serious crime is thought then to be a measure of toleration that is unwarranted and unwise. But in fact, quite apart from those considerations that make punishment unjustifiable when it is out of proportion to the gravity of the crime, uniformly disproportionate punishment has some very undesirable practical consequences. After giving due consideration to the facts and circumstances of each case, for deciding just and appropriate sentence to be awarded for an offence, the aggravating and mitigating factors and circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in a dispassionate manner by the Court. Such act of balanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and per se require exemplary treatment. Any liberal attitude by imposing meagre sentences or taking too sympathetic view merely on account of lapse of time or considerations personal to the accused only in respect of such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by the required string of deterrence inbuilt in the sentencing system. In Dhananjoy Chatterjee v. State of W.B. (1994 (2) SCC 220), this Court has observed that shockingly large number of criminals go unpunished thereby increasingly, encouraging the criminals and in the ultimate making justice suffer by weakening the system's creditability. The imposition of appropriate punishmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shyam Singh's case (supra) the inevitable conclusion is that the High Court was not justified in restricting the sentence to the period already undergone, which is 46 days. Leniency in matters involving sexual offences is not only undesirable but also against public interest. Such types of offences are to be dealt with severity and with iron hands. Showing leniency in such matters would be really a case of misplaced sympathy. The acts which led to the conviction of the accused are not only shocking but outrageous in their contours. The only reason indicated by the High Court for awarding sentence lesser then prescribed minimum is quoted below: I have heard at length the submission of Mr. Bhagavan, learned counsel for the accused, on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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