Aapka Consultant Judgment Series- In this series, we are providing case analysis of Landmark Judgments of Hon’ble Supreme Court of India.
State of Madhya Pradesh v. Madanlal
2015 (7) SCALE 261
JUDGES: Dipak Mishra and Prafulla C. Pant
Date of Decision: 01-07-2015
FACTS:-
This appeal by special leave has been filed against the judgment and order passed by the Ld. Single Judge of the High Court of Madhya Pradesh whereby he has set aside the conviction under Sections 376(2) (f) r/w 511 of the IPC, 1860 and sentence of 5 years rigorous imprisonment passed by Ld. Sessions Judge and convicted the respondent-accused under Section 354 of IPC. The respondent-accused raped the minor girl when she was going in search of her mother. Victim narrated the entire incident to her mother which led to lodging of an FIR by the mother. In 2008, the accused had sought to compromise with the parents of the minor victim but the trial court discarded his plea and sentenced him for five years. In 2009, High Court reverted this decision and finally, the decision was challenged before the Apex Court by the state government.
ISSUE:-
Whether any compromise or settlement be arrived at between the parties in the cases of rape?
JUDGMENT:-
The Hon’ble Supreme Court observed that in cases of rape or attempt to rape, the notion of compromise under no circumstances can really be thought of. These are crimes against the whole society in general and crimes against the body of a woman which is her own temple. These are the offences which suffocate the breath of life and hamper the reputation. The reputation of a person is to be considered as a richest jewel that one can conceive in his or her life. It further noted that “When a human frame is defiled, the purest treasure is lost. Dignity of a woman is considered to be the part of her non-perishable and immortal self and no one should ever think of painting it in clay”. There cannot be any compromise or settlement be arrived at between the parties as it would be considered against the honour of the victim. Also sometimes, solace is given that the accused of the crime is ready to enter into wedlock with the victim but this is nothing but putting pressure on the opposite party, and this Court said with emphasis that the Courts are to remain absolutely away from this manoeuvre to adopt a soft or a liberal approach to the case. Or putting it differently, it would be in the realm of a sanctuary of error. Such kind of attitude reflects lack of sensibility towards the dignity of a woman. Any kind of liberal approach or a thought of mediation in this regard is completely sans legal permissibility.
The Court also dwelled upon that how some of the appellate Judges, contrary to the precedents and against the normative mandate of law, assumed a presumptuous role which have paved the path of unbelievable laconicity to deal with criminal appeals. If this being permitted, then it would rupture the whole criminal justice dispensation system.
HELD:-
The Court held that there cannot be any compromise or settlement arrived at in the cases of rape as it would be against the victim’s honour which matters the most. The Court remanded the matter back to the High Court for fresh disposal.
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