The Supreme Court has once again asserted that the gravity of an offence shall be the sole criteria for determining the quantum of punishment in heinous crimes and any leniency given to the accused on the basis of his or the victim’s social status would be a travesty of justice. The Rajasthan High Court had reduced the 10-year rigorous imprisonment awarded to a rapist, Madan Singh, by the trial court to seven years on the ground that the accused is a young person who is the only bread earner of his family and his kids.
Upholding an appeal filed by the Rajasthan Government against the High Court order, a bench comprising Justices Arijit Pasayat and P. Sathasivam said that socio-economic status, religion, race, caste or creed of the accused or that of the victim are irrelevant considerations, especially while dealing with offences against women. Observing that the legislative mandate to impose 10-year RI for the offence of raping a minor reflects the intent of stringency, the court held that it cannot be reduced except for special and adequate reasons.