KHEM CHAND Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this common judgment, abovementioned twelve criminal appeals are being decided since a common question regarding the grant of reprieve, if any, in the sentence of life imprisonment for conviction for child rape arises in these appeals. This is apart from the substantive challenge to the conviction on merits in the appeals which has been dealt with individually in each appeal. The claim for reprieve in sentence is either based on plea of the case meriting a lesser sentence than life, or reprieve based on post conviction conduct.

(2.) AN act of child rape is a gruesome and abhorring act. It leaves a permanent scar on the personality of the child, inhibiting growth and development. It instils a feeling of fear, insecurity and a brooding sense of shame and guilt for no fault of the child victim. An author has aptly narrated the inner turmoil of victims and repeat victims of sex abuse or child rape in the following words:-

(3.) THE penological goal and purpose of sentence is not only deterrent but also correctional and reformative. The determination and awarding of adequate sentence commensurate with the gravity of the offence is a judicial obligation. Cases of rape especially child rape have to be dealt with a measure of sensitivity minimizing the trauma of child post incident and during the trial, effective counseling and reassurance is required. The sentencing policy and the approach to be adopted by the Courts, therefore, aims to bring an element of certainty and predictability to the extent possible in matters of sentencing, while recognizing that there cannot be a straitjacket formula.