2006 (2) TMI 726 - SC - Indian Laws

Summary

Issues Involved:
1. Credibility of evidence and inconsistencies.
2. Applicability of Section 3(2)(v) of the Atrocities Act.
3. Appropriateness of life imprisonment sentence.
4. Legality and quantum of compensation awarded.

Issue-Wise Detailed Analysis:

1. Credibility of Evidence and Inconsistencies:
The appellant's counsel argued that the evidence presented, particularly the testimony of the victim (PW-8), was not credible and contained many inconsistencies. The counsel contended that these inconsistencies should preclude a life imprisonment sentence. However, the judgment emphasized that the testimony of a victim of sexual assault is entitled to great weight, even in the absence of corroboration. The court noted that a victim in a non-permissive society like India would be extremely reluctant to admit to such an incident unless it were genuine. Therefore, the court found the victim's testimony credible and reliable.

2. Applicability of Section 3(2)(v) of the Atrocities Act:
The appellant was initially sentenced under Section 376(2) of the IPC read with Section 3(2)(v) of the Atrocities Act. However, the court found that there was no evidence to establish that the rape was committed because the victim was a member of a Scheduled Caste. The prosecution did not present any evidence to show that the offence was committed on the ground of the victim's caste. As a result, Section 3(2)(v) of the Atrocities Act was deemed inapplicable in this case.

3. Appropriateness of Life Imprisonment Sentence:
The court examined whether life imprisonment was appropriate under Section 376(2)(f) IPC, which deals with rape committed on a woman under 12 years of age. The court noted that while a minimum sentence of 10 years is statutorily provided, life imprisonment can be awarded considering the attendant circumstances. However, since the life sentence was initially awarded by applying Section 3(2)(v) of the Atrocities Act, which was found inapplicable, the sentence was reduced to 10 years. The court emphasized that crimes of violence against women need to be dealt with severely and that the socio-economic status, religion, race, caste, or creed of the accused or the victim are irrelevant considerations in sentencing policy.

4. Legality and Quantum of Compensation Awarded:
The State challenged the compensation of Rs. 50,000 awarded to the victim. However, the court held that since the State had not challenged the award of compensation in a separate appeal, it could not question its legality in the present appeal filed by the accused. The compensation awarded was deemed legal and appropriate, and the State was directed to pay the amount to the victim within eight weeks if not already paid.

Conclusion:
The appeal was dismissed with the modification of the sentence from life imprisonment to 10 years. The court upheld the compensation awarded to the victim, emphasizing the need for sensitivity and severity in dealing with cases of sexual crimes against women. The judgment highlighted the importance of credible victim testimony and the inapplicability of Section 3(2)(v) of the Atrocities Act in the absence of evidence showing the offence was committed on the ground of the victim's caste.