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Synopsis

The Supreme Court has sentenced a man to five years jail term, less than the minimum seven year stipulated under the penal statute for the offence of rape while exercising the power of discretion, and also noting that the victim stated she was happily married and did not want to pursue the matter.

A bench of Justices B R Gavai, P S Narasimha and Aravind Kumar upheld the conviction of appellant Sheikh Sadik under Section 376 of the IPC but reduced his sentence to a years jail term, already undergone by him.

Senior advocate S K Gangele, appearing for the appellant, submitted that he was tried for the offence punishable under Section 376 of the Indian Penal Code. The First Additional Sessions Judge, East Nirmar, Khandwa, Madhya Pradesh acquitted him. In the appeal filed by the State, the high court reversed the acquittal and convicted the appellant, and sentenced him to undergo rigorous imprisonment for life.

Referring to Section 376 of the Indian Penal Code as it existed then, the bench pointed out, "It could thus be seen that, though the minimum sentence to be awarded was seven years, discretion is vested with the Court that for adequate and special reasons to be mentioned in the judgment, the Court may impose a sentence of imprisonment for a term of less than 7 (seven) years."

The court noted that the prosecutrix had also appeared in the matter through the counsel. She had stated that she was happily married and was not interested in pursuing the matter further, bench pointed out.

"The appellant has already undergone sentence of more than 5 (five) years. Taking into consideration the facts and circumstances of the present case and proviso to then Section 376, we maintain the conviction under Section 376 of the Indian Penal Code. However, we find that the sentence already undergone will be sufficient to subserve the ends of justice," the bench said.

The court partly allowed the appeal.

"The order of conviction is maintained. However, the appellant’s sentence is reduced to the sentence already undergone. The appellant is directed to be released forthwith, if not required in any other case," the bench said.

The Madhya Pradesh High Court, in its judgment on August 20, 2018, had said that the accused had exploited the victim taking advantage of her poverty and the fact that his wife had given refuge to the victim for the purposes of education in lieu of household chores performed by the victim. He had breached her confidence as well, the high court had emphasised. 

The FIR in the case was lodged on October 20, 1996 by the parents of the victim when she had become pregnant and the accused and his wife had offered Rs 10,000 for abortion.

Case Title: Sheikh Sadik Vs State of Madhya Pradesh