Women and Justice: Keywords

Domestic Case Law

State of Rajasthan v. Madan Singh Supreme Court of India (2008)

Sexual violence and rape

The Trial Court convicted a man of raping a ten-year-old girl and sentenced him to ten years of imprisonment under Section 376(2)(f) of the Indian Penal Code. On appeal, the High Court reduced his sentence to seven years considering the convicted had already suffered a custodial sentence of six years, was young, and the only breadwinner in a family with two children. The Supreme Court, however, reversed the High Court’s reduction of the sentence because it fell below the statutory minimum. The Supreme Court held that the measure of punishment in a rape case cannot depend on the social status of the victim or the accused. It must depend on the conduct of the accused, the state and age of the victim, and the gravity of the criminal act. Crimes of violence upon women are to be severely dealt with. The proviso to Section 376(2) specifies that the court may, for special and adequate reasons, impose a sentence of less than ten years. However, the Supreme Court in the present case, found there to be no justifiable extenuating or mitigating circumstances available that would justify imposing a less-than-minimum sentence.