NAVINCHANDRA ISHWARLAL RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heinous inhuman and beastly offences like Rape and such others in any form or measure are in the nature of permanent stigmas on humanity and men of the world will have to stand with their heads down in utter shame even in heaven for their sexual perversity and perverted passions in life; and they will even shake the confidence of the Creator that men do not deserve to be human and are more like the animals rather than humans. Such offences will constantly remind the decent and the democratic citizens of the society the slowly forgotten Darvins theory of human evolution. The recent increase of such offences in the country is a warning bell to us about not only the law and order situation in the country but also about the dignity and safety of the helpless the weak and the suffering women in the society. The constant increase of such offences after the independence also creates a situation for the Legislation to reconsider test and even to modify out long standing court procedure for a fair criminal trial which has otherwise stood successfully and effectively the test of time for more than a couple of centuries assuring to our citizens that unless they are proved to be guilty of the alleged accusation there will be a presumption of innocence in their favour. Suffice it to say that let the fair name of such an admirable fair trial the enviable legacy of the Rulers of the past be not spoilt or stigmatised in any manner whatsoever by any hasty legislation creating or providing on the statute book any statutory presumption against the accused viz. unless the contrary is proved the accused shall be presumed to be guilty of the alleged accusation of rape or cruelty to women in its just and timely zeal for the eradication of offences like `Rape and cruelty to women. In this behalf with all modesty and being fully conscious of the fact that the two respective fields of judiciary and legislature are distinct and separate; and without the remotest intention of doing any improper indecent or inexpedient trespass over the legislative field but with the same degree of anxiety that suitable effective and stringenlty deterrent steps should be taken for the total eradication of such offences let all concerned should equally not forget the basic concept of Criminal Jurisprudence which has been so proudly and richly inherited by us even from the foreign rulers of the past that the fruit of liberty is an extremely precious one and that its preservation duty by the authority in power is a sacred one and the Judges presiding over the courts constituted in the country are the sensitive sentinels for the same.

(2.) The press and the people are conscious of the aforesaid situation and are rightly keen for the eradication of the said offences. The elected representatives of our people in the Parliament and the best of social institutions are actually worrying for the same. It is in this context that we may usefully refer from the book Encyclopaedia Britannica Vol. 18 on RAPE which is in the following terms :

(3.) It is in the background of this clouded atmosphere that we are required to dispose of the two appeals wherein one the accused a police officer is awarded life imprisonment for the commission of an offence of rape alleged to have been committed on a young girl aged about 17 years and made punishable under section 376 of the Indian Penal Code and in the other companion appeal accused named Raju is awarded 10 years R. I. for the commission of the said offence. The case before us illustrates as to how innocent persons can be raped in for the alleged accusation.