Description:
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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