KAKOO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Kakoo, aged 13 years, was convicted for committing rape on a child of two years and was sentenced to four years' rigorous imprisonment. His conviction has been maintained by the High Court of Himachal Pradesh. Kakoo appeals to this Court by special leave granted under Article 136 of the Constitution, limited to the point of sentence.

(2.) Mr. Kohli, appearing for the appellant submits that if the main object of punishment is to reform the prisoner and to reclaim him to society, the prolonged detention of the minor appellant in the company of hardened criminals would surely be subversive of that object. It is stressed that at the time of commission of the crime the appellant was only 13 years of age and the best way of reforming this child delinquent is to put him back under the supervision of his father subject to the execution of a bond by the latter for his son's good behaviour for a certain period. In the alternative, it is urged, that the sentence be reduced to the imprisonment already undergone, with the imposition, if at all, of a little fine. Reference has also been made to Sections 82 and 83 of the Penal Code to bring out the point that in the matter of crime and punishment, a child offender is not be treated in the same manner as a mature adult.

(3.) Learned counsel for the State however, stoutly opposes any reduction in the sentence. Stress has been laid on the grisly manner in which the crime was committed. It is pointed out that the appellant was so persistent in his shameless nefarious act that he had virtually to be dragged away from the helpless baby victim, he put up a fierce struggle with the mother of the victim when she tried to secure him.