On Thursday, the High Court of Himachal Pradesh in the case of Ravi versus State of Himachal Pradesh comprising of Justice Dharam Chand Chaudhary and Justice Chander Bhusan Barowalia, held that in the matter of sentence, offence under Section 376(2)(n) of IPC is graver in nature as compared to offence punishable under Sections 342 and 506 of IPC.
FACTS:
The girl who was the victim of the gang rape visited the police station accompanied by her parents narrating the whole act. According to her, in the year 2013, she was studying in 10th class in Government School. In the Car, except driver, one more person was also sitting. They opened the door of the Car and dragged her inside. Thereafter, the driver started driving the same at a high speed. The Car was being driven by appellant and the other occupant was appellant. She wanted to cry, however, they threatened that in case she did so, not only she but they will kill her all family members, while on the way intentionally to subject her to sexual intercourse and they subjected her to sexual intercourse turn by turn. She got medically examined and the proceedings to prosecute them in accordance with law be also initiated.
TRIAL COURT’S JUDGMENT:
Learned Special Judge, Kullu, District Kullu has convicted both of them for the commission of offence punishable under Sections 363, 366-A, 376-D, 342, 506 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 , after looking at the evidences and sentenced them to undergo rigorous imprisonment for a period of 20 years each for the commission of the offence punishable under Section 376-D of Indian Penal Code, a graver offence and there being the provisions of the sentence of greater degree as compared to on completion of the investigation and finding a case under Sections 363, 366-A, 376-D, 342, 506 of Indian Penal Code and Section 6 of the POCSO Act made out against both the accused, the police has filed the report under Section 173 Cr.P.C. against them.
ISSUE BEFORE HIGH COURT:
Being aggrieved of the conviction and sentence by the trial court, the appellants Ravi and Birbal approach to the high court:
- For challenging and quashing and setting aside the grounds inter alia that the undue advantage has been given to evidence.
- As to whether the present is a case of gang rape defined within the meaning of Section 376-D of the Indian Penal Code
HIGH COURT’S JUDGMENT;
The apex Court while taking into consideration the gravity and seriousness of the offence, held that the:
- Own statement of the prosecution if inspires confidence is sufficient to bring the guilt home to the accused.
- The evidence further reveals that she was subjected to sexual intercourse under threat.
- The offence under Section 376(2)(n) is punishable with rigorous imprisonment for a term which shall not be less than 10 years but may extend to imprisonment for life i.e. the imprisonment for the remainder of natural life and also with imposition of fine.
In view of the findings hereinabove, the sentence so passed against him has to be altered keeping in view the offence he has been found to have committed as the minimum sentence for the commission of such offence is 10 years. The impugned judgment stands modified accordingly. Although, the abduction and ravishment of the prosecution repeatedly is a gruesome act on his part, yet keeping in view his young age as he was 25 years of age at the time of commission of the alleged offence, we feel that the punishment to undergo rigorous imprisonment for 10 years with payment of Rs. 50,000/- as fine by him would serve the ends of Justice.
The Court further held that the fine, if deposited shall be paid to the prosecutrix as compensation.
The judgement has been delivered by Justice
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