HC increases rapist’s jail term from the original 3 yrs to 7 yrs
MUMBAI: More than 28 years after a man from south Mumbai was accused of ra an “adolescent” domestic help and 14 years after the trial court delivered a guilty verdict, the Bombay high court has enhanced the original three years’ rigorous imprisonment to seven years.
“A sentence should be proportionate to gravity of the offence. Social position of the accused is totally irrelevant,” the high court said.
The HC bench of Justice Sadhana Jadhav and Justice N J Jamadar directed the man to pay a fine of Rs 1.1 lakh instead of the Rs 10,000 imposed by the sessions court in 2006. The bench said Rs 1 lakh would be paid as compensation to the survivor. “Once the court finds the evidence of the victim to be trustworthy, conviction follows,” the HC said. “Passage of time will not be a justifiable reason to take a lenient view. Courts can’t be oblivious of the impact of such a heinous offence.”
The man had challenged his conviction, and the state had challenged the “meagre sentence” that was fewer than seven years of rigorous imprisonment, the minimum under the law esting at the time, and sought its enhancement.
As the man was out on bail, the HC said his bail bond stood cancelled and directed him earlier this month to surrender by January 4.
It said rape was a heinous offence, one which could not be viewed with any leniency. “The sexual harassment of a woman at a place where she is working to earn her livelihood is a disgrace meted out to her at the hands of the abuser, which needs to be deprecated and set right,’’ the bench said.
Justice delayed is justice denied.
An equal if not more, penalty should be imposed on the Judiciary for the delay.
A judgement after 28 years, and the convict has option to go to SC, another 25 years. What sort of legal system is this? Why cases are not settled in stipulated time of less than 5 years. Why all cases should land up in SC.
28 years after the incident??? Shame on judiciary.... Worse than criminals themselves.
He was 19 when it happened. Now he is 48. Legal process is itself punishment. Why build jails. Tateekh pe tareekh
what has done Session Court. Every court has to be answerable for his judgement. How session court gave lesser punishment. Session court judge has to proper reply and put these in his Service records.
A R S
Inordinate delay in our judicial system to finalise a case, be it criminal or civil matter is a blot to the nation for which only judicial officers are to be blamed
Height of inefficiency of our judiciary system.There are several million cases pending since last several decades and probably will never reach the final verdict because most the people involved are dead by then.
Is this a joke?
7 years is too low. It should be life in jail or hanging
First, the reason for such an extraordinary delay in delivering justice shall be probed and penalised.
Make it to 10 yrs . 7 is considered as unlucky number.
Justice delayed is justice denied. 28 years. Any rape if proven should have heinous punishment terms. If i was judge then i wud have given 30 years RI and a fine of 1.1 crore. Any rape punishment must start with 20 years. 3 years is a joke.
Pappu Pass or Fail
Learn from at least Pakistan about implementing Chemical castrification...why waste 7 years to feed them at cost of tax payer...money..
How long it may pull along....oh NO. Denying justice is so bad.
Who will set our judiciary right, I wonder. Such delays wrong decisions and too many pending cases, something needs to be done. People should protest against our judicial system and not against farmers' bill !
Disgusting the legal system in India!! Only serves the rich and powerful!! And that too as their shield and armour to wriggle them out of serious crimes and ilegalities!!
Shame on indian judiciary. All judgements should be given within 24 months at respective court levels.
I dont know why these kind of cases taking this much time . The people who delay this case like this shall be punished