State of Bihar - Respondents
For the Petitioners :- Mr. M.K. Choudhary, advocate. For the Respondent :- Mr. S.K. Verma, Advocate. Indian Penal Code, 1860, Section 376 - Offence of rape - Order of conviction - Quantum of sentence - Appeal for enhancement - Lapse of time from occurrence - Effect of - No leniency is permissible on the ground of lapse of time - Appellants raped victim in the night when her husband was away - Trial court convicted the accused and sentenced for imprisonment for five years - High Court dismissed appeal finding no merits - Sentence reduced to three years on the ground the occurrence is of 17 years old - Appeal before Supreme Court - Held that High Court was not justified in reducing the sentence - Sentence imposed by Trial court was restored. [Paras 3, 5 and 6]ORDER
1. Delay condoned. 2. In this matter, notice was issued for enhancement of the sentence, having due regard to the gravity of the offence. The contextual facts depicts that the petitioners were charged pursuant to the complaint filed by Amita Bhatt, respondent, of a refugee Colony in Champaran District, that she was raped by the appellants in the night when her husband was away. 3. Learned Sessions Judge while dealing with the matter, convicted the appellants herein under Section 376 Indian Penal Code and sentenced to rigorous imprisonment for 5 years. On appeal, however, a learned Single Judge of the High Court, though found no merit in the appeal, on the ground that the occurrence is of the year 1983, in the ends of justice, reduced the sentence to three years imprisonment. It was in this context that this Court was pleased to entertain the SLP and to issue notice therein, subject to the enhancement order. 4. We record our concurrence of the finding of the High Court that there is no merit available in the appeal. As such, the appeal is dismissed. 5. However, we regret to say that, having found no merit available in the appeal,having regard to the offence charged, the question of any gravity of delay caused in the appeal in the High Court, does not and cannot arise, especially in a case when the offence charged is of a social evil. 6. The reduction of sentence, however, stands set aside and quashed and the sentence imposed by the trial Court stands restored. .