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LATEST NEWS UPDATES | Delhi gang-rape: Harsh punishment possible under law

Delhi gang-rape: Harsh punishment possible under law

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published Published on Dec 20, 2012   modified Modified on Dec 20, 2012
-DNA

Social networking sites are abuzz with the cry of death penalty for the accused of the Delhi gang rape case. However, the major sections applied in the case, which include 376 (2) (G) (gang rape), 377 (unnatural sex), 307 (attempt to murder) and 201 (destruction of evidence) read with 34 (common intention) of the Indian Penal Code, will attract a maximum punishment of life imprisonment for the accused.

The sessions court, which will finally hear the case, will have the discretion to convict the accused to serve their sentence either concurrently or consecutively. Trial courts mostly hand over concurrent sentences to convicts considering mitigating circumstances like the sole bread winner of the house, ageing parents or any other circumstances. However, in exceptional cases, the sentences are imposed consecutively.

Advocate Subhash Kanse said, “It is the discretion of the trial court to impose the sentence. In the Jalgaon sex scandal case, the trial court had imposed consecutive sentences but it is an exceptional practise. When these orders are challenged in the higher courts, a more lenient view is taken, as the time spent by the convict in prison till the appeal is decided is one of the factors considered for the change in sentence.”

Similarly, if the offender is capable of shelling out a heavy fine, then in many cases of crime against women or unnatural sex the courts may give a lesser sentence but impose an extraordinary fine on the offenders. This can also be directed to be given to the victims for their rehabilitation or welfare.

Advocate Kunal Cheema said, “Merely making punishments concurrent would not solve the problem. The solution lies in enhancing the punishment, giving a sentence concurrent or consecutive is the discretion of the court. I feel, it should be left to the court to exercise that but enhanced punishment would surely act as a deterrent.”

Colin Gonsalves, Human Rights Law Network, said: “As far as rape is concerned, police do not take it seriously. So, rapists usually go scot-free. Politicians are very superficial, the media wants more eyeballs (referring to clamour for death penalty for rapists).”

Perspectives
 
There is no problem with the existing punishment for rape. The fault lies with the way crimes are detected and prevented. Section 376 of the Indian Penal Code promises life sentence for rape. What more do you want? Offences need to be prevented by an agile police and conscious citizens.
— Majid Memon, Mumbai-based lawyer

I disagree with the logic that capital punishment will be an effective deterrent to potential rapists. The quantum of punishment does not deter crime. In fact, the higher the punishment, the lower the conviction rate... What is required is a speedy trial. This would be a deterrent
— KTS Tulsi, Supreme Court lawyer

The tendency in India is to put the onus on the victim. That has to change. Even the best laws won’t help if the victim and her family do not report the incident. People need to stop thinking: ‘She must have brought it on herself’. Life imprisonment is the only fitting punishment for rape accused
— Anita Paul, corporate communications officer

Women in Delhi are conditioned to feel unsafe. The laws are in place but perpetrators feel that they will get away by paying money or pulling strings. About punishment for rape, I quote someone else— “repeated sodomy followed by castration”.
—Elizabeth George, academic research editor

It is the inefficiency of the Delhi police that rapists think they will get out of the mess. All that the police are doing is pass stupid comments on the attire of women. It’s pathetic.
— Taher Kundawala, engineering student

DNA, 20 December, 2012, http://www.dnaindia.com/india/report_delhi-gang-rape-harsh-punishment-possible-under-law_1779532?utm_source=twitterfeed&utm_medium=twitter


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