T.K. GOPAL @ GOPI versus STATE OF KARNATAKA

Citation: [2000] 3 S.C.R. 1040 · Decided: 05-05-2000 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Dismissed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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T.K. GOPAL @ GOPI 
v. 
STATE OF KARNATAKA 
MAYS, 2000 
[S. SAGHIR AHMAD AND DORAISWAMY RAJU, JJ.] 
Indian Penal Code, 1860-Section 376(2)-0ffence under-Rape of 
infant-Conviction under and sentence of JO years RI by cou11s below-Notice 
for enhancement of punishment by Supreme Cou11-Plea for recalling the 
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notice in view of extenuating circumstances-Held, having regard to the 
extenuating circumstances, specially the fact that the appellant's two daugh-
ters have come of age and are to be manied, the present pe1iod of incarcera-
tion of the appellant in jail is enough. 
Rape of an inf ant-Punishment for-Sentence of 10 years awarded by 
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Trial Courl and High Coun-Held, Where the victim is a woman of less than 
12 years of age, the minimum sentence is ten years, but it may also extend to 
life imprisonment apartfromfine-Since the law gave the court the discretion 
to award even life imprisonment, that discretion should have been exercised by 
the trial cou1t or the High Court in the instant case. 
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Criminal Law-Sexual offences-Nature of-Held, constitute an alto-
gether different kind of c1ime which is the result of a perverse mind. 
Appellant was charged for having raped a one-and-a-half year old 
child. The Trial Court as well as the High Court convicted the accused in 
view of the medical report, the statement of the complainant and other 
evidence brought on record; and sentenced him to 10 years RI. 
In appeal to this Court, notice was issued for enhancement of sen· 
tence. The appellant contended that in view of the extenuating circum-
stances that he is in custody since last 9 years and that prospects of 
marriage of his two daughters has been marred and that he is the sole 
bread earned, hi~ sentence may not be enhanced. 
Dismissing the appeal, this Court 
HELD : 1.1. Having regard to the extenuation circumstances, spe-
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cially the fact that the appellant's two daughters have come of age and are 
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T.K. GOPAL v. STATE 
1041 
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to be married, the present period of incarceration of the appellant in jail is 
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-enough and he should not be made to further suffer the consequences of 
his bestiality. (1052-G] 
2.1. Where the victim is a woman of less than 12 years of age, the 
minimum sentence that can be awarded to the accused is ten years, but it 
may also extend to life imprisonment apart from a fine, which may also be 
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imposed upon him. The proviso to Section 376, however, gives a discretion. 
to·the court to award a sentence of less than 10 years for adequate and 
special reasons which have to be mentioned in the judgment. [1045-A-B] 
2.2. Since the victim in the instant case was an infant child of one-
and-half year, the trial court as also the High Court both were in awarding c 
a sentence of 10 years to the appellant. That was wholly in consonance with 
the proviso to Section 376(2) IPC. Since the law gave the court the discre-
tion to award even life imprisonment for the offence of rape under Section 
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376(2) IPC, that discretion should have been exercised by the trial court 
or the High Court in the instant case where the victim of rape was an 
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infant child. (1045-C] 
3.1. Crime can be defined as an Act that subjects the doer to legal 
punishment. It may also be defined as the commission of an act specifically 
forbidden by law; it may be an offence against morality or social order. 
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(1049-D] 
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3.2. Sexual offences, constitute an altogether different kind of crime 
which is the result of a perverse mind. The perversity may result in 
homosexuality or in the commission of rape. Those who commit rape are 
psychologically sadistic persons exhibiting this tendency in the rape forci-
bly committed by them. (1051-F] 
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State of Punjab v. Gurmit Singh & Ors., [1996) 2 SCC 384 and Bodhisttwa 
Gautam v. Subhra Chakraborty (Ms.), (1996) 1SCC490, referred to. 
4.1. In India, statutory provision for psychotherapic treatment during 
the period ofincarcerationin the jail is not available, but reformist activities 
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, are systematically held at many places with the intention of treating the 
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offenders psychologically so that he may not repeat the offence in future and 
may feel repentant of having committed a dastardly crime. (1052-A] 
4.2. Under the theory of therapeutic approach, this Court projected 
the need for prison reforms, the need to acknowledge the vital fact that the 
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SUPREME COURT REPORTS 
[2000] 3 S.C.R. 
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prisoner, after being lodged i

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