Rapists should be dealt with heavy hand: HC

The Political and Business Daily - - METRO/NCR -

THE Delhi High Court to­day re­jected the ap­peal of a 35-yearold man against the life sen­tence awarded to him by the trial court for rap­ing a two- year-old girl, say­ing rapists are "worse than beasts" and should be dealt with a "heavy hand".

A high court bench said the state govern­ment should make ef­forts to sen­si­tise the peo­ple about the con­se­quence of such heinous of­fences.

"Each time we hear of a rape case, or any sort of as­sault against women, it gives a chill in the spine, daunts the faith over­shad­ow­ing the en­tire sys­tem and shuns away the faith of the so­ci­ety at large. It is one of such crimes that do not de­serve to be as­suaged..... The cases of rape, gang rape and dig­i­tal rape are on the in­crease and per­pe­tra­tors of this in­hu­man and bru­tal crime are worse than even the beasts and de­serve to be dealt with a heavy hand," a bench of Jus­tices Kailash Gamb­hir and In­der­meet Kaur said.

"We may point out that le­niency in such like cases would send a wrong mes­sage to the so­ci­ety. Rather, by deft mod­u­la­tion, the sen­tenc­ing process should be stern where it is called for, es­pe­cially in cases where one tends to lark with hu­man body and soul.

The court ex­plained the rea­sons be­hind such crimes and said state govern­ment should make ef­forts to sen­si­tise the peo­ple about the con­se­quence of such crimes.

"....The state shall also ne­ces­si­tate much quicker re­sort to the prob­lems of each and ev­ery ag­grieved fe­male child or her fam­ily. For the very pur­pose, the state, with the help of the Bar Coun­cil of In­dia, var­i­ous NGOs, RWAs and Bar As­so­ci­a­tions, can ar­range such cam­paigns or ed­u­ca­tion pro­grammes and find a reach to ev­ery nook and cor­ner of the so­ci­ety.

"It would be im­por­tant in this re­gard that cer­tain steps im­part­ing knowl­edge of law to all the classes, ex­plain­ing to the peo­ple about the con­se­quences of any sort of harm be­ing caused to women can make them suf­fer dras­ti­cally should be adopted," the bench said.

Up­hold­ing the con­vic­tion of Umed Singh, the court re­jected his ar­gu­ment that the he should be given the pre­scribed min­i­mum sen­tence of 10 year jail­term for com­mis­sion of the of­fence while re­ly­ing on a Supreme Court judg­ment in a sim­i­lar case.

Cit­ing the statistic of National Crime Record Bureau which showed 336 per­cent of in­crease of child rape in com­par­i­son to the last decade, the court said "all sex­ual as­saults on fe­male chil­dren are not re­ported and do not come to light. Yet, there is an alarm­ing and shock­ing in­crease of sex­ual of­fences com­mit­ted on chil­dren.

"It is ma­jorly be­cause chil­dren of such a ten­der age are ig­no­rant of the grue­some act and are not able to bat­tle against them. They be­come an easy prey for the lusty friends who dis­play an in­sid­i­ous art of lur­ing fe­male chil­dren and young girls. There­fore, such of­fend­ers who are peril to the ur­ban so­ci­ety should be mer­ci­lessly and re­lent­lessly pun­ished es­pe­cially wherein a rape of a mi­nor child is in­volved, it should be done in the sever­est terms.

The court said a man should un­der­stand that a fe­male has a sa­cred place in our so­ci­ety and any­one who even thinks of mak­ing such an at­tempt should not be spared.

"The coun­try where a fe­male child is kept on the same pedestal as god­dess Laxmi or Durga, is the same place where some pervert mem­bers of the same so­ci­ety de­hu­man­ize the women by at­tack­ing her body and ru­in­ing her chastity.

"... It is a crime against the en­tire so­ci­ety. With the advent of Jus­tice Verma Com­mit­tee, bet­ter, strin­gent pro­ce­dures have been adopted. Still, a lack of de­ter­rence is felt. De­spite there be­ing a so­cial awak­en­ing, there is no de­crease. Rather, the cases are in­creas­ing man­i­folds and in or­der to deal with them, one can only be harsh but be­nig­nant," the court said.

Fur­ther, the court said "there has to be de­ter­rence in the mind­set of any per­son hav­ing any such ob­nox­ious and dis­suad­ing thoughts. A man, even be­fore de­vel­op­ing that beastly thought, should feel that eke in his nerves, that a mo­ment of plea­sure, or a mere ful­fill­ment of a few min­utes de­sire with such hor­ren­dous in­ten­tions can cost him his en­tire life."

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