Indian Penal Code,1860  - Section 53 , The Code of Criminal Procedure, 1973  - Section 235

Quantum of sentence - Punishment should always be proportionate/commensurate to the gravity of offence - Religion, race, caste, economic or social status of the accused or victim are not the relevant factors for determining the quantum of punishment - In a rape case conduct and state of mind of the accused and age of the sexually assaulted victim and the gravity of the criminal act are the factors of paramount importance.

Indian Penal Code,1860  - Section 376

Reduction - Court has discretion to award sentence less than minimum prescribed (7 years) - Power be exercised in exceptional case for adequate and special reasons - In this case High Court reduced the sentence without recording special reasons - Order set aside - Two accused persons convicted and sentenced to 7 years each by trial Court which is the minimum prescribed sentence - High Court reduced the sentence of one accused to already undergone (11 months 25 days) on the ground that he did not himself commit the rape, but only accompanied co-accused - In respect co-accused High Court reduced the sentence by observing that it was fit case to reduce the sentence of imprisonment looking to the whole statement of the prosecutrix - Order of High Court set aside and that of trial Court restored - These are no such special reasons to reduce the sentence - Further held - Deciding the case in such a casual manner reduces the criminal justice delivery system to mockery.

Topic(s)-

Important Decision(s)- In a rape case conduct and state of mind of the accused and age of the sexually assaulted victim.