IMPORTANT POINT
For deciding just and appropriate sentence to be awarded for an offence, aggravating and mitigating factors and circumstances in which crime has been committed are to be delicately balanced on basis of really relevant circumstances in a dispassionate manner by Court.

JUDGMENT

Arijit Pasayat, J.-A rapist not only causes physical injuries but more indelibly leaves a scar on the most cherished possession of a women i.e. her dignity, chastity, honour and reputation. The depravation of such animals in human form reach the rock bottom of morality when they sexually assault children, minors and like the case at hand, a woman in the advance stage of pregnancy.

2. We do not propose to mention name of the victim. Section 228-A of the Indian Penal Code, 1860 (in short the IPC ) makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Section 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court, High Court or lower Court, the name of the victim should not be indicated. We have chosen to describe her as victim in the judgment.

3. 21st August, 1985 is a day on which the victim suffered unfathomable physical agony and traumatic ignominy that one can conceive of at the hands of the accused-respondent. The libidinousness and the lustful design of the accused crossed all borders of indecency and he raped the victim in the presence of her husband, unmindful of the shattering mental trauma the latter (PW-1) suffered. Law was set into motion and the accused was charged for commission of offence punishable under Section 376 of the IPC. He was found guilty by the trial Court which imposed sentence of 5 years imprisonment, (though the minimum sentence prescribed is 7 years) and fine of Rs. 2000/-. What seems to have weighed with the trial Court for inflicting a lesser sentence was age of accused s parents his dependent sisters, wife and two young children. Accused questioned correctness of the conviction and sentence before the Karnataka High Court. While the conviction was maintained, the sentence was reduced by a learned Single Judge to period of custody already undergone i.e. 46 days.

4. The State of Karnataka questions the propriety of the sentence imposed. According to learned counsel for the appellant, if such minuscule sentence is awarded for such a grave offence, it would be giving premium to one most obnoxious acts punishable under the IPC. It is submitted that the sentence should be commensurate with the nature of the offence. In this case the High Court has not even indicated any reason for reducing the sentence below the prescribed minimum which under the proviso to Section 376(1) IPC can be done for "adequate and special reasons to be mentioned in the judgment".

5. Learned counsel appearing for the respondents submitted that the evidence on record does not establish commission of the offence of rape and at the most the offence for which accused could be convicted is under Section 354 IPC, dealing with the assault or criminal force to a woman with intent to outrage her modesty. Additionally, it is submitted that the High Court has given adequate reasons as to why it considered the custodial sentence undergone to be adequate.

6. The law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins. Protection of society and stamping out criminal proclivity must be the object of law