Rape a heinous crime, there can be no leniency in conviction: Bombay HC

The court was disapproving the lenient approach of the Mumbai sessions court in sentencing a hotelier’s son convicted for raping and impregnating a minor who worked at his house as a maid

The Bombay high court on Tuesday enhanced punishment of a rape convict from three to seven years imprisonment, observing that rape is a heinous crime which cannot be viewed with any leniency.

Bombay high court. (File photo)

“A rape victim is left with a feeling of degradation, humiliation and guilt for the rest of her life,” said the division bench of justice Sadhana Jadhav and justice NJ Jamadar. “Once the court finds the evidence of victim to be trustworthy, conviction would follow, and the conviction should be followed by a sentence proportionate to the gravity of the offence,” the bench insisted.

The court said that the Supreme Court, in a catena of judgements, has held that the society cannot look upon a woman with derision, depravity, contempt and as an object of desire. “Rape amounts to a serious blow to the supreme honour and dignity of a woman. She is forced to live with indignation throughout her life,” said HC, while disapproving the lenient approach of the Mumbai sessions court in sentencing a hotelier’s son convicted for raping and impregnating a minor who worked at his house as a maid.

The court was irked to note that though the trial court convicted the man, it handed him only three-year imprisonment -- less than the minimum sentence provided for the offence -- without assigning any special reasons.

In August 1992, the survivor approached Gamdevi police station, complaining that during the period, man ravished her a number of times and his mother later took her to a hospital for abortion.

After the doctor refused to medically terminate the pregnancy, the minor was allegedly taken to a rescue home, with a stern warning from the mother of the accused to surrender the child there.

The survivor then delivered a child at the state-run JJ Hospital. The child was, however, allegedly taken away after she was discharged from the hospital and thereafter, she was kept confined in the house. The minor managed to escape and reached JJ Hospital, where a nurse helped her.

In August 1992, the survivor lodged complaint with Gamdevi police station. Both, the man and his mother were prosecuted for various offences, but on June 15, 2006, an additional sessions judge acquitted the mother while convicting the man for rape and sentenced him to three years’ rigorous imprisonment.

The convict then moved the high court, challenging his conviction, whereas the state government too filed an appeal for enhancement of sentence handed down to him.

The court on Tuesday dismissed the appeal, upheld his conviction, and observed that the survivor’s testimony was duly corroborated by the other evidence on record.

The court also enhanced the sentence to seven years’ imprisonment, directing the convict, who was out on bail during pendency of the appeal, to surrender on January 4, 2021, for serving the remainder term.

“It needs to be painfully observed that despite there being material evidence against the accused No. 2 (mother), the learned Sessions Court has recorded acquittal,” said the bench. “It was incumbent upon the State to file an appeal against acquittal, in view of the fact that the victim was subjected to harassment, she was brutally assaulted, she was forced to abandon her child, which in fact is an offence punishable under section 317 of the Indian Penal Code.”

HC also expressed anguish over the fact that the survivor had given birth to a child who lived with her hardly for six days and thereafter, the child was brutally snatched away by the mother of the accused, who abandoned the child, which eventually died. “It is unfortunate that she was not even informed about the demise of her child.”