HARKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PROSECUTRIX (name withheld by us), a girl of five years was raped. This was the gravamen of the charge put against the appellant, who was put to trial before learned Judge Woman Atrocities and Dowry Cases and Additional Sessions Judge, Jaipur City Jaipur, and convicted and sentenced vide judgment dated March 25, 2003 as under: Under Section 376 IPC: To suffer imprisonment for life and fine of Rs. 10,000/ -, in default to 5 further suffer rigorous imprisonment for three years. Under Section 323 IPC: To suffer rigorous imprisonment for six months and fine of Rs. 1000/ -, in default to further suffer simple imprisonment for two months. The substantive sentences were ordered to run concurrently.

(2.) THE incident occurred on April 25, 2002 and case against the appellant was registered on the written report handed over by Ram Karan (PW.1) at Police Station Narena District Jaipur. The Investigating Officer got the prosecutrix medically examined, recorded the statements of witnesses, 15 arrested the appellant, drew necessary memos and on completion of investigation filed the charge sheet. In due course the case came up for trial before the learned Judge Woman Atrocities and Dowry Cases and Additional Sessions Judge Jaipur City Jaipur. Charges under Sections 323 and 376 IPC were framed. The appellant denied the charges and claimed trial. The 20 prosecution in support of its case examined as many as 24 witnesses. In the explanation under Section 313 CrPC, the appellant claimed innocence. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) 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. (Vide Dinesh @ Buddha v. State of Rajasthan 2006 Cr.L.R. (SC) 209).