This Complainant is a case which shocks the conscience of the Court. The only issue in this case is regarding the enhancement of the sentence imposed on the respondent–accused. As the issue is confined to the quantum of sentence, it is not necessary for us to go into the correctness of the finding of guilt recorded by the Trial Court and the High Court of Judicature for Rajasthan. He further stated that on 8.5.2014, as usual, he left the house for his job at 6.00 A.M. The Trial Court convicted the respondent–accused for the offences punishable under Sections 363, 342, clauses (i) and (m) of sub-section (2) of Section 376 of the Indian Penal Code, 1860 (for short, ‘IPC’) read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO’). For the offences punishable under clauses (i) and (m) of sub-section (2) of Section 376 of IPC, the Trial Court sentenced the respondent–accused to undergo imprisonment for life (for the remainder of natural life). For the offence punishable under Section 8 of POCSO, the Trial Court convicted the respondent–accused to undergo simple imprisonment for three years and to pay a fine of Rs.5,000/-.
The submission of the learned counsel is that the High Court has completely lost sight of the fact that the age of the victim- girl was only five to six years. The offence under clause (i) of sub-section (2) of Section 376 of IPC (as it stood before 21 April 2018) was of rape of a girl who is under sixteen years of age. As far as the serious offences under Section 376 of IPC and the POCSO Act are concerned, the fact that the respondent–accused is not a habitual offender is entirely irrelevant. Still, again, when it comes to such a serious offence against a girl aged five to six, the financial condition of the accused should not normally weigh in the mind of the Court. While dealing with the issue of sentence, in such a case, the mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general. We also propose that after retaining a sum of Rs.5,000/- for the State, the rest of the fine amount shall be paid over to the victim as compensation.
