Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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OFFENCES OF RAPE-PROBATION-SC


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Once a person is convicted for an offence of rape, he should be treated with a heavy hand. An undeserved indulgence or liberal attitude in not awarding adequate sentence in such cases would amount to allowing or even to encouraging ’potential criminals’. The society can no longer endure under such serious threats. Courts must hear the loud cry for justice by society in cases of heinous crime of rape and impose adequate sentence. Public abhorrence of the crime needs reflection through imposition of appropriate sentence by the Court [Dinesh v. State of Rajasthan, (2006) 3 SCC 771]. 27. Now, let us consider the legal position in the light of statutory provisions and amendments made. The Law Commission took note of various decisions rendered by this Court from time to time wherein it was observed that considering the rise in crime and the growing menace to sexual abuse, necessary change should be made. The Law Commission, therefore, in its 84th Report stated: "It is often stated that a woman who is raped undergoes two crises-the rape and the subsequent trial. While the first seriously wounds her dignity, curbs her individual, destroys her sense of security and may often ruin her physically, the second is no less potent of mischief, inasmuch as it not only forces her to relive through the traumatic experience, but also does so in the glare of publicity in a totally alien atmosphere, with the whole #pdf

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  on 16 September 2010
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