SC lets off rapists after they agree to pay Rs 50,000 fine
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COMMENTS 
Though rape is not a compoundable offence, the Supreme Court gave in to the plea that the offence occurred 15 years ago; the three convicts and the victim agreed to a fine of Rs 50,000 from each and termination of the 10-year sentence
In an unusual and disturbing order, the Supreme Court let off three men who had been convicted of gang-raping a woman after they agreed to pay a fine of Rs 50,000 each for their offence.
A bench of Justices Markandeya Katju and Gyan Sudha Mishra reduced to three-and-a-half years the 10-year sentence awarded to three rapists who pleaded that both the convicts and the victim were now married to different people and “wanted to live peacefully”.
Under Section 376 (G) of the IPC, the minimum sentence for gang-rape is 10 years; this may extend to life imprisonment.
Baldev Singh, Gurmail Singh and Hardeep Singh, all said to be agricultural farmers, gang-raped the victim in Punjab’s Ludhiana district on March 5, 1997. A sessions court awarded 10 years’ imprisonment to all three. The Punjab and Haryana High Court dismissed the convicts’ appeal, following which they appealed in the Supreme Court.
Counsel Rajat Sharma, appearing for the convicts, told the bench that his clients had reached a compromise with the victim and that it had been decided to drop the case. He submitted that both convicts and victim wanted to bring an end to the case as they were all now married and leading their respective lives. “We want to live peacefully,” the counsel reported.
This prompted the bench to remark: “After having committed a gang-rape, now you want to live a peaceful life?”
Justice Gyan Sudha Mishra said the IPC provision does not provide for compounding (closing the case by way of a fine) the offence as, under the statute, the court, apart from awarding a minimum of 10 years, can also impose a fine or even extend the punishment to life imprisonment.
The judge said: “How can we let you all go scot-free for such an offence like gang-rape? There is no provision under the law to compound the offence. Punishment has to be awarded so that it acts as a deterrent.”
Later, however, as counsel persisted with the plea that it was more than 15 years since the incident occurred, the bench relented and said it was upholding their conviction but reducing the sentence to the three-and-a-half years they had already spent in jail.
Senior counsel Kamini Jaiswal reacted against the order saying: “Nobody can buy a woman’s dignity. I am appalled by an order given by the Supreme Court -- that too by a lady judge!”
Expressing shock at the decision of the apex court, senior advocate Pinky Anand said: “Criminal law does not permit compromises. Compensation is an addition to the punishment. It is not an alternative.”
Source: PTI, February 22, 2011
http://www.lawisgreek.com/rapists-pay-rs-50k-escape-prison, March 2011