STATE Vs. GIANA

JUDGEMENT

(1.) WE have heard learned Additional Advocate General appearing on behalf of the State and learned defence counsel appearing on behalf of the respondents -convicted persons upon quantum of sentence.

(2.) LEARNED Additional Advocate General appearing on behalf of the State submits that convicted persons have committed heinous offence of rape and deterrent punishment be awarded in order to maintain majesty of law. On contrary learned defence counsel appearing on behalf of convicted persons submits that convicted persons are first offenders and lenient view be adopted keeping in view the age of convicted persons and keeping in view the responsibilities of convicted persons towards their families.

(3.) IN present case co -convicted Giana convicted under Sections 376, 341, 506 read with section 34 of Indian Penal Code and co -convicted Kalu Ram convicted under Sections 511 read with Section 376 IPC and under Section 341 and 506 read with Section 34 IPC. It is well settled law that offence of rape is offence against society. Murder destroys the physical body of victim but rapist degrades very soul of helpless female. Keeping in view the manner in which rape was committed upon prosecutrix and keeping in view the age of convicted persons and responsibilities of convicted persons towards their family members and keeping in view the majesty of law, we sentence the convicted persons as follows: -