1 , 2000 (2 )ACR1506 (SC), AIR2000 SC 1669 , 2000 CriLJ2286 , 2000 (2 )Crimes245 (SC ), JT2000 (6 )SC 177 , 2000 (2 )RCR(Criminal)832 , RLW2000 (2 )SC 346 , 2000 (4 )SCALE373 , (2000 )6 SCC168 , ,MANU/SC/0351/2000Saiyed Saghir Ahmad#Doraiswamy Raju#270SC2050Judgment/OrderACC#ACR#AIR#CriLJ#Crimes#JT#MANU#RCR (Criminal)#RLW#SCALE#SCCSUPREME COURT OF INDIA2014-5-15Objects of Penology,Punishments,Indian sentencing system : defect,Punishments,Sentence,Punishment for rape,Offences Affecting the Human Body,Indian Penal Code16209 -->

MANU/SC/0351/2000

IN THE SUPREME COURT OF INDIA

S.L.P. CC(Crl.) No. 2607/99) with Cri.M. No. 2607/99

Decided On: 05.05.2000

Appellants: T.K. Gopal Vs. Respondent: State of Karnataka

Hon'ble Judges/Coram:
Saiyed Saghir Ahmad and Doraiswamy Raju

ORDER

1. Delay condoned.

2. The victim of rape in this case is a child of one and a half year. The petitioner has been convicted under Section 376 IPC and sentenced to ten years' rigorous imprisonment. Section 376 IPC provides that on the offence of rape being established, the Court shall sentence the accused with rigorous imprisonment for a term not less than ten years, but 'which may be for life' and shall also be liable to fine. The proviso to Sub-section (2), however, allows the Court to impose a sentence of imprisonment of either description for a term which may be less than ten years.

3. Having regard to the facts of this case, especially the age of the victim, we issue notice to the petitioner to show cause why the sentence of ten years' rigorous imprisonment should not be enhanced to life imprisonment. The notice shall be returnable within six weeks.