Two recent judgments in cases of rape have found the accused guilty yet there are not punished.
1) Parmaram Sharan (27) was found guilty of rape and kidnapping. He was convicted of 10 years of rigorous imprisonment but not to go to jail. He had to pay a compensation of Rs.50,000/- to the victim. “The court has given Sharan a probation of three years on personal bond of Rs.10,000 on the ground that he is the sole earning member of his family and he has dependents two young children and ailing parents.” said public prosecutor Lata Cheda. (Indian Express 9/8/2005)
2) Suresh Vanse (34) was accused of raping a 14 year old in 2002. There was no 10 years rigorous imprisonment for him. He was to pay compensation of Rs.50,000/- and imprisonment for one day i.e., till the rising of the court which meant till 5.00 p.m. The ground for non-punishment – He has a wife, four children and mother. (Indian Express 12/8/2005)
Laxmi Rao was the judge in both cases.
This is perversion of justice. It is immaterial whether the guilty person is the sole breadwinner of his family and has dependents. The only thing that matters is that a crime is committed. Money cannot compensate for what a rape victim undergoes and Rs.50,000/- is a small amount. Besides members of rape victims family also suffer. Where is the provision for monetary compensation in Indian Penal Code? Public prosecutors must appeal against these verdicts. The Governor, the Chief Minister, the Law Minister and Advocate General of Maharashtra and the President, the Prime Minister, the Law Minister and Attorney General of India must act swiftly to nullify the damage done by these verdicts and also such judgments do not come in future.
It is good that some citizens have come forward to act against these judgments.
Some years ago KPS Gill was convicted of bottom slapping by a Sessions Court. He was to undergo imprisonment. He appealed and the High Court turned imprisonment into fine/compensation of Rs.2,00,000/-. Supreme Court upheld the High Court judgment. Why no imprisonment for KPS Gill?
In another case on 12/8/2005 Mohammed Yakub was acquitted of rape, as the victim did not want to pursue the case as she had got engaged. Mohammed Yakub had taken the then 15 year old girl on 25/12/1999. The mother of the girl had registered a police complaint and both were found after 4 days. It took 5 years, 7 months and 18 days for the case to come up and victim to be asked. Justice delayed and justice denied. Someone who raped a girl in a local train much after that was convicted. Was it because media pressure?
Sunil More is still not convicted. R. R. Patil, Deputy Chief Minister and Home Minister of Maharashtra should get him convicted him by 31/8/2005 or quit. One girl was murdered at Gateway of India in broad daylight. The murderer shall be sentenced to death.