JUDGMENT

C.K. THAKKER, J.—

1.Leave granted.

2.The present appeal reminds us observations of Hon’ble Mr. Justice S. Ratnavel Pandian in Madan Gopal Kakkad v. Naval Dubey & Anr.1, (1992) 3 SCC 204 that “offenders of sexual assault who are menace to the civilized society should be mercilessly and inexorably punished in the severest terms”. Dealing with a case of sexual assault, His Lordship emphasized on Courts of Law their duty to handle offenders of such crimes with a heavy hand. His Lordship concluded:

“We feel that Judges who bear the Sword of Justice should not hesitate to use that sword with the utmost severity, to the full and to the end if the gravity of the offences so demand”.

3.The case on hand, in our considered view, exhibits not only casual, indifferent and perfunctory approach but insensitive attitude adopted by the High Court in awarding sentence on an offender who perpetrated a heinous crime of committing rape on a married woman in broad daylight. The case of the prosecution was that respondent Babulal was residing at village Daulatpur, Tehsil Ikchavaar, District Sehore in Madhya Pradesh. On July 23, 2002, at about 12.00 noon in his own tapri, he criminally intimidated the