Compromise between victim, rapist can't reduce jail term: SC
August 27, 2013 19:42
A compromise between a victim of a rape case and the perpetrator should not be a ground for awarding lesser punishment to the convict as this trend exhibits "stark insensitivity to the need for proportionate punishments", the Supreme Court today ruled.
The court also said religion, race, caste, economic or social status of the accused or the victim, long pendency of the criminal trial, offer of the rapist to marry the victim or the fact that victim is married and settled in life "cannot be construed as special factors for reducing the sentence prescribed by the statute".
It cautioned the courts subordinate to it that it would not be "safe" to reduce sentence of a rape convict or accused in exercise of their discretionary powers under the Indian Penal Code, merely because the victim has settled the matter.
"A compromise entered into between the parties cannot be construed as a leading factor based on which lesser punishment can be awarded. In interest of justice and to avoid unnecessary pressure/harassment to the victim, it would not be safe in considering the compromise arrived at between the parties in rape cases to be a ground for the court to exercise the discretionary power under the proviso of section 376(2) of IPC," a bench headed by Chief Justice P Sathasivam said.
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