STATE OF MADHYA PRADESH v. SHEIKH SHAHID

Judgment

[2009] 5 S.C.R. 1038 STATE OF MADHYA PRADESH v. SHEIKH SHAHID (Criminal Appeal No. 660 of 2004) APRIL 15, 2009 A B [DR. ARIJIT PASAYAT, LOKESHWAR SINGH PANTA AND P. SATHASIVAM, JJ.] PENAL CODE, 1860: c s.376 - Conviction by trial court - Sentence of 7 years imposed - Reduced by High Court to the period already undergone which was about six months only- HELD: The only reason indicated by the High Court being that accused D belonged to rural areas, can neither be considered adequate nor special -· Requirement of law is cumulative - Order of High Court is clearly unsustainable and is set aside - Sentencing - Principles explained. Respondent no. 1 was convicted by trial court u/s 376 E IPC and was sentenced to 7 years RI.

On appeal, the High Court reduced the sentence to the period already undergone which was about six months only. Allowing the appeal filed by the State Government, the Court F HELD:1.1. Sections 375 and 376 IPC have been substantially changed by Criminal Law (Amendment) Act, 1983, and several new sections have been introduced by the new Act, i.e. ss.376-A, 376- B, 376-C and 376-D. The fact that sweeping changes were introduced, reflects the legislative intent to curb with iron hand, the offence of . rape which affects the dignity of a woman. The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud'. The physical 1038 G H I STATE OF MADHYA PRADESH v.

SHEIKH SHAHID 1039 -~ scar may heal up, but the mental scar will always remain. A When a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame. [Para 6 and 7) [1042-G-H; 1043-A-F-G]