I am sharing PT’s email below.
“Finally got some time to sniff around. Found the original judgement, if you want a look. Here it is:
I’ve attached the text of the Cited case as well, for reference, because the reduction in the sentence seems to have been based completely on that one case.
This is where the judge completely turned around:
” It is submitted by Mr. Sait [counsel for the defense] that the severe punishment imposed by the Trial Court may not serve the purpose, and may prove to be counter productive. He has relied upon the judgment of the Orissa High Court in the case of Mihir alias Bhikari Charan Sahu Vs. State reported in 1992 CRI L.J. 488 and submitted that the Orissa High Court had come to the conclusion that since the appellant has a broken family life and belongs to the lower strata of the society and since the offence definitely was one relating to perversity and deprivation of mind, the sentence was reduced to two years from three years.”
He’s talking about FAMILY. A broken family.
Are you kidding me?!
It’s unbelievable, really.”
So a bad precedence had already been set, and now this case is only making it a stronger case for reduced sentences for rapists who lose control when they stay away from family?
“That is exactly why this case has struck me so deeply.
If you look through the citations here, you will see a trail that grows more and more insidious.
The Orissa HC judgement was regarding a minor who was nevertheless much older than the infant in the Bombay Case.
The defense has used that judgement to successfully argue for a reduction in the sentence of a man who raped a ten MONTH old girl.
Who knows what’s next?
India’s whole system for dealing with sexual assault needs a complete overhaul. The opponents of this overhaul frequently cite the absence of relevant precedents and case law as a reason why things should not be changed.
I, on the other hand, think that this collection of junk case law is EXACTLY why things should be changed.
Work is on, at the usual snail’s pace of Indian bureaucracy.
The Law Commission’s recommendations on rape laws here:
Please do sign the petition if you have not yet done it.