1. Consent sexual intercourse with girl under 16 years — Conviction under Sections 363/366/376 IPC. (Para 1 )
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2000 Supreme(SC) 427
SUPREME COURT OF INDIA
A.S.Anand, CJI., R.C.Lahoti : S.R.Babu, JJ.
Sukhwinder Singh
Versus
State Of Punjab
Case No. : 2064 of 1996
Date of Decision : 2/24/00
Under the proviso to Section 376 of the IPC, a court may impose a sentence of less than seven years if 'adequate and special reasons' are recorded, such as a compromise by the prosecutrix to protect her subsequent married life.
Headnote:(A) Indian Penal Code - Sections 363, 366 and 376 - Reduction of sentence - Proviso to Section 376 - "adequate and special reasons" - Where prosecutrix was a consenting party and subsequently filed a compromise petition stating she had since married and wished to avoid further ignominy to lead a happy married life, such circumstances constitute adequate and special reasons for the court to exercise its power under the proviso to impose a sentence of imprisonment for a term of less than seven years. (Paras 3 and 4)
Facts of the case:
The appellant was convicted and sentenced for offences under Sections 363, 366, and 376 of the IPC. The High Court upheld the conviction on the basis that the prosecutrix was not more than 16 years of age, although it was noted that she was a consenting party and had willingly left her home. During the pendency of the appeal, the prosecutrix filed a compromise petition stating that she had since married and desired to end the matter to lead a healthy married life without further ignominy.
Findings of Court:
The court found that the High Court had overlooked the proviso to Section 376 of the IPC, which permits the court to impose a sentence of less than seven years if adequate and special reasons are recorded. The court determined that the fact the prosecutrix had married and sought to settle the matter was a sufficient reason to invoke this proviso.
Issues: Whether the desire of the prosecutrix to protect her married life and avoid further ignominy constitutes "adequate and special reasons" under the proviso to Section 376 of the IPC to reduce the sentence below the statutory minimum of seven years.
Ratio Decidendi: The court held that the proviso to Section 376 IPC grants judicial discretion to reduce the sentence below seven years based on specific, recorded reasons. Given the age of the offence and the subsequent marriage and compromise request by the prosecutrix, it is in the interest of the prosecutrix herself to reduce the sentence to the period already undergone.
Result: Conviction maintained; sentence reduced to the period already undergone.
Legal Category Hierarchy
Table of Contents
2. Prosecutrix consent and compromise post-marriage — High Court felt bound by minimum sentence requirement. (Para 2 , 3 )
3. High Court overlooked proviso to Section 376 IPC allowing less than seven years for adequate reasons. (Para 3 )
4. Compromise and prosecutrix's welfare constitute adequate reasons to reduce sentence under proviso to Section 376. (Para 3 , 4 )
5. Conviction maintained but sentence reduced to period already undergone; bail bonds discharged. (Para 6 )
6. Can a court impose a sentence of less than seven years for rape under Section 376 IPC?
Yes, under the proviso to Section 376 IPC, if adequate and special reasons are recorded in the judgment. (Para 3 )
7. Does a compromise between the victim and the accused constitute an adequate reason to reduce sentence?
Yes, when the victim has married and seeks to end the matter for a happy married life, it can be an adequate reason. (Para 4 )
(1) THIS appeal is directed against the judgment of the High Court, dated 23/5/1996, dismissing the appeal filed by the appellant against his conviction and sentence for an offence under Sections 363/366 and 376 IPC, as recorded by the learned Additional Sessions Judge, Patiala. The High Court has noticed that the prosecutrix was a consenting party to the act of sexual intercourse and that she had willingly left her parents house to be with the appellant. She was, however, found to be "not more than 16 years of age" and on that account, the High Court upheld the conviction of the appellant.
(2) DURING the pendency of the proceedings in the High Court, the prosecutrix and the appellant appear to have compromised and a compromise petition was duly filed in the Court. In the compromise petition, the prosecutrix has stated that she and the appellant belonged to neighbouring villages and she had since got married and that "she does not want that she should be put to further ignominy on account of this episode. She wants to put an end to the matter and settle happily with her husband".
(3) THE learned Single Judge of the High Court noticed the compromise as also the attendant facts of the case i.e. that the prosecutrix was a consenting party, but expressed helplessness in the matter of awarding of sentence on the ground that under Section 376 IPC, the sentence to be awarded could not be less than seven years. It appears that the High Court overlooked the proviso to Section 376 IPC, which reads thus:
"PROVIDED that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years."
(4) THAT the prosecutrix has since got married and she did not want the matter to be carried any further so as to lead a happy and healthy married life with her husband and had filed the compromise petition to that effect was an adequate and special reason to invoke the proviso (supra). While maintaining the conviction, the High Court ought to have for the reasons aforesaid, reduced the sentence to the period already undergone by the appellant. Such a course was in the interest of the prosecutrix herself.
(5) IN the peculiar facts and circumstances of this case, as noticed above, in our opinion, this matter should be now given a quietus particularly, when the alleged offence is stated to have taken place almost a decade ago.
(6) WE, therefore, while maintaining the conviction of the appellant for the offences as recorded by the courts below, reduce the sentence to the period already undergone by him. The appellant is on bail. His bail bonds shall stand discharged.
(7) THE appeal is disposed of accordingly.
