ORDER :

“Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah”

is a famous shloka in Manusmruti which means “where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful”.

1. The crime of rape can be regarded as the highest torture inflicted upon womanhood. It causes not only the physical torture to the body of the woman but it adversely affects her mental, psychological and emotional sensitivity. Therefore, rape is treated as the most heinous crime against the very basic human right and woman’s most important fundamental right, namely ‘the right of life’. It is less a sexual offence than an act of aggression aimed at degrading and humiliating women. Such cases are required to be handled by the Courts with utmost sensitivity and high responsibility.

2. An unfortunate incident occurred with a two years old minor daughter of the petitioner on 19.07.2004, when rape was committed by the respondent No.4 and a FIR No.213/2004 was registered against the accused with the Po