SHEOJI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A long drawn debate about the applicability of the Rajasthan Children Act, 1970, the present trends of reformative jurisprudence, the futility of deterrent punishment and liberal attitude, regarding the quantum of punishment to children highlighted the arguments of this case. The object of heinous offence of rape is a girl of five years of age. The rapist is of 13 to 16 years. But the police in its zeal to show him more than his age, altered the arrest memo by overwriting 18 on 17 years. Doctor estimated him to be of 15 years and the Court estimate ranged between 15 to 16 years.

(2.) THE conviction has been recorded under Section 376 I. P. C.-and the sentence is five years simple imprisonment with a fine of Rs. 50/ -. In default of payment of fine to further undergo two months' simple imprisonment. Fairly enough, the conviction has not been challenged and that avoids traditional mention of the facts of the case and evidence recorded in support of it, the detailed discussion of the case in order to reach a finding whether conviction can be sustained. Even then, I have gone through the reasons of the case and I am in agreement with the well recorded finding of lower Court that accused is guilty of offence under Section 376, I. P. C.

(3.) THAT takes the case to question of sentence. Mr. Tibrewal has referred to a good number of decisions to persuade this Court to reduce the sentence to that already undergone,