SHYAM NARAIN versus THE STATE OF NCT OF DELHI

Citation: [2013] 8 S.C.R. 951 · Decided: 15-05-2013 · Supreme Court of India · Bench: B.S. CHAUHAN · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2013] 8 S.C.R. 951 
SHYAM NARAIN 
v. 
THE STATE OF NCT OF DELHI 
(Criminal Appeal No. 1860 of 2010) 
MAY 15, 2013 
[DR. 8. S. CHAUHAN AND DIPAK MISRA, JJ.] 
A 
B 
Penal Code, 1860 - s. 376(2)(f) - Rape of a girl aged 8 
years - Conviction and sentence of life imprisonment by 
courts below - Held: Evidence of prosecutrix and that of the 
C 
doctor medical evidence and conduct of the accused prove 
the commission of rape by the accused -
Therefore, 
conviction and sentence upheld. 
Sentence/Sentencing - Sentence for the offence of rape 
- Principle of proportionality between the offence committed 
and the penalty imposed, are to be kept in view - In the 
present case, in view of the manner in which the offence was 
committed, it demands just punishment - Accused not 
entitled to reduced punishment -
Sentence of life 
imprisonment upheld. 
Appellant-accused was prosecuted u/s. 37(2)(f) IPC 
for having raped an eight years old girl. Trial court 
convicted him on the basis of the version of the 
prosecutrix and the medical evidence and sentenced him 
to life imprisonment. High Court affirmed the conviction 
as well as sentence. 
In the special Leave Petition, notice was issued 
limited to the quantum of punishment. The accused 
pleaded leniency in punishment on the basis of mitigating 
circumstance viz., the accused has four children 
depending on him. 
951 
D 
E 
F 
G 
H 
952 
SUPREME COURT REPORTS 
[2013] 8 S.C.R. 
A 
Dismissing the appeal, the Court 
HELD: 1. The unimpeachable evidence of the 
prosecutrix, the testimony of the treating physicians, the 
medical evidence and the conduct of the accused go a 
B long way to show that the accused had raped the 
prosecutrix in a cruel and brutal manner and the 
conviction recorded on that score by the trial Judge 
which has been given stamp of approval by the High 
Court cannot be faulted. [Para 9] [959-E-F] 
C 
2.1. Sentencing for any offence has a social goal. 
Sentence is to be imposed regard being had to the nature 
of the offence and the manner in which the offence has 
been committed. The fundamental purpose of imposition 
of sentence is based on the principle that the accused 
D must realise that the crime committed by him has not 
only created a dent in his life but also a concavity in the 
social fabric. The purpose of just punishment is designed 
so that the individuals in the society which ultimately 
constitute the collective do not suffer time and again for 
E such crimes. It serves as a deterrent. True it is, on certain 
occasions, opportunities may be granted to the convict 
for reforming himself but it is equally true that the principle 
of proportionality between an offence committed and the 
penalty imposed are to be kept in view. While carrying out 
F this complex exercise, it is obligatory on the part of the 
Court to see the impact of the offence on the society as 
a whole and its ramifications on the immediate collective 
as well as its repercussions on the victim. [Para 11] [960-
B-F] 
G 
2.2. Respect for reputation of women in the society 
shows the basic civility of a civilised society. No member 
of society can afford to conceive the idea that he can 
create a hollow in the honour of a woman. Such thinking 
is not only lamentable but also deplorable. It should be 
H paramount in everyone's mind that, on one hand, the 
SHYAM NARAIN v. THE STATE OF NCT OF DELHI 
953 
society as a whole cannot preach from the pulpit about A 
social, economic and political equality of the sexes and, 
on the other, some pervert members of the same society 
dehumanize the woman by attacking her body and 
ruining her chastity. It is an assault on the individuality 
and inherent dignity of a woman with the mindset that she B 
should be elegantly servile to men. Rape is a monstrous 
burial of her dignity in the darkness. It is a crime against 
the holy body of a woman and the soul of the society and 
such a crime is aggravated by the manner in which it has 
been committed. [Para 22] [966-D-H] 
c 
2.3. The legislature, while prescribing a minimum 
sentence for a term which shall not be less than ten years, 
has also provided that the sentence may· be extended 
upto life. The legislature, in its wisdom, has left it to the 
discretion of the Court. In the present case, the eight year D 
old girl, who was supposed to spend time in 
cheerfulness, was dealt with animal passion and her 
dignity and purity of physical frame was shattered. The 
plight of the child and the shock suffe

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