Rapists should be dealt with heavy hand: HC
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."