Gujarat high court (HC) has increased the jail term of a rape convict
from three years to 10 years, and criticized the trial court
for awarding less than minimum punishment for a heinous crime, merely on
the ground that the accused was a poor man.
In 2008, the 16-year old stepdaughter of Jaydip Chavda, 38, and her minor friend, complained to cops about Chavda repeatedly raping and sodomizing both the minors. Cops arrested Chavda, a resident of Ghodasar, acting on the complaint. Additional sessions judge I B Waghela, in 2010, held Chavda guilty, but showed leniency on the ground of his poverty , and sentenced him to a 3.5-year jail term for rape and a three-year term for sodomy .
Dissatisfied with the light sentencing, the state government moved the HC and complained against the lower court's approach demanding en hancement of punishment. A bench of Justice M R Shah and Justice Z K Saiyed observed that the reason for the convict's poverty , and his inability to look after his family , cannot be a “cogent reason or speci al circumstances“ to award punishment less than the minimum provided in Section 376 of the IPC. “Offences against women, more particularly under section 376 of IPC, are increasing. Therefore, a message must go to the society that if such an offence is committed it shall be dealt with iron hand and strictly , and that no leniency shall be shown,“ the order reads.
It further said, “The trial court has not exercised the discretion judiciously , and it can be said it has failed to perform its duty as a judge while awarding inappropriate and inadequate punishment to an offender, who is convicted for the offences under Sections 376, 377.“
Sources: http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=High-court-increases-jail-term-of-rape-convict-24122015005015
In 2008, the 16-year old stepdaughter of Jaydip Chavda, 38, and her minor friend, complained to cops about Chavda repeatedly raping and sodomizing both the minors. Cops arrested Chavda, a resident of Ghodasar, acting on the complaint. Additional sessions judge I B Waghela, in 2010, held Chavda guilty, but showed leniency on the ground of his poverty , and sentenced him to a 3.5-year jail term for rape and a three-year term for sodomy .
Dissatisfied with the light sentencing, the state government moved the HC and complained against the lower court's approach demanding en hancement of punishment. A bench of Justice M R Shah and Justice Z K Saiyed observed that the reason for the convict's poverty , and his inability to look after his family , cannot be a “cogent reason or speci al circumstances“ to award punishment less than the minimum provided in Section 376 of the IPC. “Offences against women, more particularly under section 376 of IPC, are increasing. Therefore, a message must go to the society that if such an offence is committed it shall be dealt with iron hand and strictly , and that no leniency shall be shown,“ the order reads.
It further said, “The trial court has not exercised the discretion judiciously , and it can be said it has failed to perform its duty as a judge while awarding inappropriate and inadequate punishment to an offender, who is convicted for the offences under Sections 376, 377.“
Sources: http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=High-court-increases-jail-term-of-rape-convict-24122015005015
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