PREMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE gravamen of the charge put against the appellant Prema was that he committed rape on the prosecutrix (name withheld by us), a girl of eleven years of age. Learned trial Judge vide judgment dated October 20, 2001 found the appellant guilty and convicted and sentenced him thus:- U/s. 376 IPC: To suffer imprisonment for life and fine of Rs. 50000/-, in default to further suffer imprisonment for two years. U/s. 450 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 20000/-, in default to further suffer imprisonment for one year. THE substantive sentences were ordered to run concurrently.

(2.) THE prosecution case is founded on the Parcha Bayan of the prosecutrix recorded by the SHO Police Station Todarai Singh on August 16, 2000 wherein she stated that on the said day around 12 in the Noon while she was alone in her house, the appellant entered the house and committed rape on her. Charges under sections 376 and 450 IPC were framed against the appellant, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. Three witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) HON'ble Supreme Court in Dinesh Vs. State of Rajasthan (2006) 3 SCC 771 indicated that normal sentence in a case where rape is committed on a child below 12 years of age, is not less than 10 years RI. It was observed in para 13 thus:- &nbsp&nbsp&nbsp&nbsp&nbsp" The legislative mandate to impose a sentence, for the offence of rape on a girl under 12 years of age, for a term which shall not be less than 10 years, but which may extend to life and also to fine reflects the intent of stringency in sentence. The proviso to Section 376 (2) IPC, of course, lays down that the court may, for adequate and special reasons to be mentioned in the judgment, impose sentence of imprisonment of either description for a term of less than 10 years. Thus, the normal sentence in a case where rape is committed on a child below 12 years of age, is not less than 10 years' RI, though in exceptional cases "for special and adequate reasons" sentence of less than 10 years' RI can also be awarded. It is a fundamental rule of construction that a proviso must be considered with relation to the principal matter to which it stands as a proviso particularly in such like penal provisions. The courts are obliged to respect the legislative mandate in the matter of awarding of sentence in all such cases. Recourse to the proviso can be had only for "special and adequate reasons" and not in a casual manner. Whether there exist any "special and adequate reasons" would depend upon a variety of factors and the peculiar facts and circumstances of each case. No hard and fast rule can be laid down in that behalf of universal application. "