Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
CASE NO.:
Appeal (crl.) 1479 of 2001.
PETITIONER:
GOPAL CHANDRAS @ GOPAL CHANDRA & ANR.
Vs.
RESPONDENT:
STATE OF BIHAR
DATE OF JUDGMENT: 02/02/2001
BENCH:
Umesh C. Banerjee & Doraiswamy Raju.
JUDGMENT:
D E R
L...I...T.......T.......T.......T.......T.......T.......T..J
Delay condoned.
Leave granted.
In this matter, notice was also issued for enhancement
of the sentence, having due regard to the gravity of the
offence. The contextual facts depict that the appellants
were charged pursuant to the complaint, filed by one Amita
Bhatt, a resident of a refugee colony in Champaran District,
that she was raped by the appellants in the night when her
husband was away. Learned Sessions Judge while dealing with
the matter on the basis of the overwhelming materials
available on record, convicted the appellants herein under
Section 376 I.P.C. and sentenced them to rigorous
imprisonment for 5 years. On appeal, however, the learned
Single Judge of the High Court, though found no merit in the
appeal, but reduced the sentence to three years imprisonment
on the ground that the occurrence is of the year 1983 and
the same is sufficient to meet the ends of justice. It was
in this context that this court was pleased to entertain the
SLP and to issue notice therein, subject to the proposal for
enhancement enhancement of punishment as noticed above.
Upon hearing the learned counsel on either side, we also
do record our concurrence of the finding of the High Court
that there is no merit in the appeal. As such, the appeal
is dismissed.
As regards the sentence, we regret to observe that
despite having found no merits in the appeal the High Court
should have interfere with the quantum by reducing the
sentence to three years merely for the reason of lapse of
time due to pendency of proceedings at various stages
particularly, High Court awaiting disposal of the appeal.
In the facts of the matter under consideration when the
offence charged is a serious one against an helpless woman
by committing a social evil, the question of showing any
further leniency to the accused does not and cannot arise.
The reduction of sentence thus made by the High Court of the
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
sentence imposed by the Trial Court which itself is found to
be on the lenient side, stands set aside and quashed and the
sentence imposed by the trial court stands restored. The
Authorities will take steps to ensure that the accused
undergoes the balance of sentence.