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2007 Supreme(MP) 1146

C.K.THAKKER, ALTAMAS KABIR
State of M. P. – Appellant
Versus
Babulal – Respondent


Advocates:
D.K. Singh and C.D. Singh for appellant;
Anish Kumar Gupta and Umesh Babu Chaurasia for respondent.

ORDER

Thakker, J. -- 1. Leave granted.

2. The present appeal reminds us observations of the Hon'ble Mr. Justice S. Ratnavel Pandian in Madan Gopal Kakkad v. Naval Dubey [(1992)3 SCC 204], that:

"offenders [of sexual assault] who are menace to the civilised society should be mercilessly and inexorably punished in the severest terms."

Dealing with a case of sexual assault, His Lordships emphasised on Courts of law their duty to handle offenders of such crimes with a heavy hand. His Lordship concluded:

"58. We feel the 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 pefunctory approach but insensitve attitude adopted by the High Court in awarding sentence to 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 23.7.2002, at about 12:00 noon in his own tapri, he criminally intimidated the pr
























































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