JUDGMENT

Sadhana S. Jadhav, J. - "The world has never yet seen a truly great and virtuous nation because in the degradation of woman the very fountains of life are poisoned at their source." Lucretia Mott. Women are the backbone of every nation and therefore, they deserve their due respect and honour. Honour and Respect for women are the marks of a civilized Society. The Legislature has introduced several laws in order to ensure safety and security to women in society. After the brutal gang rape coupled with murder of a young girl on 16/12/2012 in Delhi, the Parliament by notification dated 23/12/2012 constituted a committee headed by Former Justice J.S. Verma, Justice Leila Seth and former Solicitor General of India Gopal Subramanium. The Committee so constituted was set up with the objective of recommending steps to be taken for the protection of honour and dignity of women, to deal with crimes against women, to recommend penalties which would act as a real deterrent to potential offenders of crimes against women and for providing speedy justice. The Committee after taking into consideration the opinions of all the stakeholders submitted its report and recommendations to the Government on 23/1/2013. The Parliamentary Standing Committee of Home Affairs, Government of India, after considering the report submitted by Justice Verma Committee, reports of Ministry of Home Affairs, 172nd Report on Review of Rape Laws of Law Commission of India, the Criminal Law (Amendment) Bill, 2012, the Criminal Law (Amendment) Ordinance, 2013, opinions of all concerned women organisations, NGOs, suggestions of State/UT Governments and Members of Parliament prepared a Report and expressed the necessity to give effect to the revised laws as expeditiously as possible vide their report dated 26th February, 2013. The report was tabled before the Parliament on 1st March, 2013. The Government drafted the Criminal Law(Amendment) Bill, 2013, by which -

(i) definition of rape was broadened.

(ii) The ambit of aggravated rape was also broadened and the punishment thereof was enhanced.

(iii) Punishment was prescribed for enhancing the sentence to death penalty, for an offence where in the course of commission of an offence of rape, the offender inflicts any injury, which causes the death of the victim or causes the victim to be in a persistent vegetative state.

(iv) To punish the repeat offenders of rape with imprisonment for life, which shall mean the remainder of the persons natural life, or with death.

(v) Prescribe punishment for the offence of gang rape with rigorous imprisonment for a minimum of twenty years extendable to life (which shall mean the remainder of that persons natural life) and fine; to be paid to the victim to meet the medical expenses.

2 There were several other recommendations made to ensure that no lenient view is taken in respect of offence of rape. There is recommendation of stringent punishment in order to see that the punishment shall act as a deterrent. Earlier section 376D of INDIAN PENAL CODE was substituted by Act 43 of 1983 and the new amendment was brought in effect from 3/2/2013. Similarly, section 376E INDIAN PENAL CODE was inserted in the Statute by Act 13 of 2013.

3 After insertion of Section 376D and 376E of the INDIAN PENAL CODE , the punishment prescribed under the newly introduced law i.e. Section 376D and 376E of the INDIAN PENAL CODE was given effect for the first time in a case popularly referred to as "Shakti Mills Case" vide Judgment and Order dated 21st March, 2013 and 4th April, 2014 in Sessions Case No. 914 of