STATE OF M.P. versus BABLU NATT

Citation: [2008] 17 S.C.R. 1096 · Decided: 18-12-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2008J 17 S.C.R. 1096 
A 
STATE OF M.P. 
v. 
,,, 
BABLU NATT 
(Criminal Appeal No. 2060 of 2008) 
' 
B 
DECEMBER 18, 2008 
[S.B. SINHA AND CYRIAC JOSEPH, JJ.] 
Penal Code, 1860: 
s.376, proviso - Applicability of - Minor girl compelled 
~ ~-
c by accused to live with him for several days and subjected to 
rape- Conviction u/s.376- Trial court imposing the minimum 
prescribed sentence of 7 years - High Court reducing the 
sentence to period already undergone - Propriety of - Held: 
On facts, not proper - Power conferred on }Jourt to impose 
D sentence less than the minimum prescribed must not only be 
supported by reasons but adequate and special reasons 
ought to· be mentioned therefor - High Court did not do so -
Sentence awarded by trial Court restored - Sentence/ 
Sentencing. 
E 
According to the prosecution, Respondent took 
away a minor girl from lawful custody of her father 
without his consent; compelled her to live with him for 
several days and during this period committed illicit 
,) 
sexual intercourse with her on more th'an one occasion 
'T-
F against her will and without her consent. Respondent in 
his defence inter alia raised a plea that the prosecutrix was 
a major and in support thereof produced an affidavit. 
-
The trial court held the respondent guilty under 
' 
'f 
as.366 and 376 IPC and sentenced him to undergo 7 
G years of rigorous imprisonment for each offence. On 
appeal, High Court upheld the conviction of respondent 
but reduced the quantum of sentence to the period 
already undergone by him. 
The judgment of the High Court so far as it related 
)- .... 
1096 
,,.
H 
, ) 
., 
\ 
. STATE OF M.P. v. BABLU NATI 
1097 
to the quantum of sentence in terms of s.376 IPC was 
A 
primarily challenged in the present ap~eal. Consequently 
a question arose as regards the apphcabillty of proviso 
to s.376 IPC in the facts and circumstances of the case. 
Allowing the appeal, the Court 
HELD:1. The principle governing imposition of B 
punishment would depend upon the facts and 
circumstances of each case. An offence which affects the 
morale of the society should be severely dealt with. 
Socio-economic status, religion, race, caste or creed of 
the accused and the victim although may not be wholly c 
irrelevant, should be eschewed in a case of this nature, 
particularly when Parliament itself had laid down 
minimum sentence. [Para 13] [1104-B-C] 
State of Punjab vs. Prem Sagar & Others. (2008) 7 SCC 
550, referred to. 
D 
2. One of the principles that the judiciary had all along 
kept in its mind that rape being a violation with the private 
person of a woman causes mental scar, thus, not only a 
physical injury but a deep sense of some deathless 
shame is also inflicted. [Para 14] [1105-E] 
E 
Mohan Anna Chavan vs. State of Maharashtra (2008) 9 
SCALE 474 and Bantu vs. The State of U.P. (2008) 10 
SCALE 336, relied on. 
3.1. In the present case, the prosecutrix and the 
respondent were unknown to each other and came to 
F 
know each other only on the incident night. A finding of 
fact had been arrived at that the prosecutrix was minor . 
The fact that the prosecutrix was subjected to sexual 
intercourse was supported by medical examination. 
Medical opinion was rendered that rape was committed 
on her and she was not habituated to sexual intercourse. G 
On medical examination, the age of the prosecutrix was 
assessed between 11 and 13 years. [Para 1 O] [1102-F-H] 
3.2. The offence with which respondent was charged 
had been proved to have been committed. Besides, 
Respondent also got an affidavit affirmed by the 
H 
1098 
SUPREME COURT REPORTS 
(2008] 17 S.C.R. 
A prosecut.rix showing her age to be 18 years, which was 
' 
,I 
found to be false. He, therefore, knew the intricacies of 
law. [Para 12] [1104-A] 
.... 
4. The imposition of minimum sentence having been 
brought about by an amendment in the statute, the court 
B should always bear in mind the effect thereof. The ·power 
conferred on the court to impose a sentence less than 
the minimum prescribed must not only be supported by 
any reason but adequate and special reasons ought to 
be men~ioned therefor. The High Court did not do so. It 
\ .....
c is difficult to comprehend as to on what materials the 
High Court opined that 'she was a sensible girl having 
age of 15 years, she did not complain to anybody and 
lived for several days with respondent at Chhatarpur'. 
The fact that the prosecutrix was a minor and subjected 
D 
to rape and furthermor
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