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Head Note

Indian Penal Code,1860  - Section 376 (2) , Section 354

Rape - Sentence - Compromise - Appellate jurisdiction -Reduction in sentence - Learned Single Judge has not at all referred to the evidence that has been adduced during the trial -He has referred to some authorities which are based on their own facts - The said pronouncements lay down no proposition of law - Learned Single Judge in his judgment has only stated that the prosecution has examined so many witnesses and filed nine documents - Said approach does not satisfy the requirement of exercise of the appellate jurisdiction Impugned Judgment of the High Court liable to be set aside and the matter remitted to it for appropriate adjudication.

Indian Penal Code,1860  - Section 376

Rape - Sentence - Compromise - Held that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of - These are crimes against the body of a woman which is her own temple - These are offences which suffocate the breath of life and sully the reputation - There cannot be a compromise or settlement as it would be against her honour which matters the most - Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner - Emphasis that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error.

Topic(s)-Rape - No compromise