STATE OF PUNJAB versus RAKESH KUMAR

Citation: [2008] 12 S.C.R. 929 · Decided: 29-08-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Case Partly allowed

Judgment (excerpt)

[2008] 12 S.C.R 929 
STATE OF PUNJAB 
A 
v. 
RAKESH KUMAR 
(Criminal Appeal No. 1365 of 2008) 
AUGUST 29, 2008 
B 
[DR. ARIJIT PASAYAT AND DR. MUKUNOAKAM 
SHARMA, JJ.] 
Sentence/Sentencing: Reduction/Imposition of sentence 
less that the minimum prescribed -
In rape case - Held: c 
Liberal view by imposing meager sentences or taking too 
sympathetic view merely on account of lapse of time in respect 
of such offences is against societal interest - In both sub-
sections (1) and (2) of Section 376 /PC, minimum sentences 
are prescribed - However, Court has discretion to impose 
D 
sentence of imprisonment less than prescribed minimum for 
-+ 
'adequate and special reasons' - If Court does not mention 
such reasons in judgment, there is no scope for awarding · 
sentence lesser. than the prescribed minimum -
On facts, 
High Court affirmed conviction for rape however reduced 
E 
sentence of 7 years to period undergone considering that 
accused belonged to rural areas - Reason so indicated by 
High Court cannot be considered either· adequate or special 
- Father of victim filed affidavit before High Court that since 
victim is settled in life, liberal view may be taken so far as 
...I 
sentence is concerned - Considering all these facts, sentence 
F 
fixed at 3 years RI - Penal Code, 1860- s. 376 -Administration 
of criminal justice - Principle of proportionality. 
Words and phrases: Rape - Meaning of 
., 
Respondent was convicted under ss.366 and 376 G 
IPC and sentenced to undergo rigorous imprisonment 
for 3 years in respect of offence punishable under s.366 
IPC and 7 years rigorous imprisonment for offence 
relatable to s.376 IPC. High Court affirmed the conviction 
929 
H 
930 
SUPREME COURT REPORTS 
[2008] 12 S.C.R. 
A however ·reduced the sentence to the period undergone. 
The reason· for such reduction_ given in the order of High 
Court was that the appellant was aged about 19 years at 
the time. of his statement recorded under Section 313 
Cr.P.C. and the victim and the accused appeared to be in 
B love with each other as was evltl'ent from lovt:f letters. 
c 
In appeal to this Court, appellant-State contended 
thaf°the parameters relating to imposition of lesser 
sentenc~ for often·ce relatable to Section 376 IPC were 
··not kept ii} .view by High Court . 
Partly allowing the appeal, the Court 
-· 
HELD: 1. Th_e offence of rape occurs in Chapter XVI 
of IPC. It is an offence affecting the human body. In that 
Chapter, there is a separate heading for 'Sexual offen~e', 
D which encompasses ss. 375, 376, 376-A, 376-8, 376-C, 
and 376-D. 'Rape' is defined in s.375. ss. 375 and 3'76 
have been substantially changed by Criminal Law 
(Amendment) Act, ·1.983, and several new sections were 
·introduced by" the new Act, _i.e. 376-A, 376-8, 376-C and 
E 376-0 .. The fact that sweeping changes were introduced 
. 
. 
-
reflects the legislative intent to ·curb With iron hand; the _ 
offence of rape· which affect$ the dignity of a woman. The . 
re-~ 
offence of rape. in-its simplest term is 'the-ravishment of 
a woman, without her consent, by force, fear or fraud', or 
F as 'the ·carnal knowledge of a woman by force against 
her will'. 'Rape' or 'Raptus' is when a man hath carnal 
knowledge of a woman by force and against her will (Co. 
Litt. 123-b); or as expressed more fully,' rape is the carnal 
knowledge of any wom~n, above the age of particular 
G years, against her will; or of a woman child, under that 
age,. ·with or against her will'. [Para 6] [936-B,C &. D] 
Hale PC 628; Stephen's "Criminal Law" 9th Ed. p.262; 
'Encyclopedia of Crime and Justice' (Volume 4, page 1356); 
Halsbury's Statutes of England and Wales (Fourth Edition) 
H Volume 12 - referred to. 
+ 
\.. 
+ 
STATE OF PUNJAB v. RAKESH KUMAR 
931 
2. Security of persons and property of the people is A 
an essential function of the State. It could be achieved 
through instrumentality of criminal law. Protection of 
society and stamping out criminal proclivity must be the 
object of law which must be achieved by imposing 
appropriate sentence. Therefore, law as a corner-stone 
B 
of the edifice of "order" should meet the challenges 
confronting the society." In operating the sentencing 
system, law should adopt the corrective machinery or the 
deterrence based on factual matrix. The facts and given 
circumstances in each case, the nature of the crime, the c 
manner in which it was planned and committed, the motive 
for commission of the crime, the conduct of the a

Excerpt shown. Read the full judgment & AI analysis in Lexace.