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8/12/2019 Appellant Memorial1 CRiminal law moot
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
STATE OF RAJASTHAN…………………………………….(Appellants)
VERSUS
BHAARLAL AND OTHERS…………………………………...(RESPONDENT)
(MEMORIAL FOR THE STATE OF RAJASTHAN AND THE COMPLAINANT)
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In!e"
#) In!e" $% A&t'$tes………………………………………*+) State,ent $% J&s!-t$n………………………………...
*) Iss&es………………………………………………………/
) S0n$pss O% Fa-ts………………………………………...1
/) S&,,a0 O% A2&,ents……………………………….#3
1) A2&,ents……………………………………………….#+
4) Pa0e……………………………………………………#5
#) In!e" $% A&t'$tes
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) Cases
In Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 S !!"
Pramod #ahto and $thers v. State of Bihar, "%8% Supp. (2) S &'2
Shri Bodhisatta autam vs #iss Su*hra ha+ra*ort "%%& -I %22, "%%& S
State of /arnata+a v. au, -I 200' S 322!
-ir India v. 1aresh #eera "%8"(4) S 33!5 -I "%8" S "82%
#uthamma v. 6nion of India "%'% -I "8&8, "%80 S (") &&8
) Stat&tes
In!an Penal C$!e #613 (IPC)
C$!e $% C,nal P$-e!&e #54* (CRPC)
T'e In!an E7!en-e A-t #64+
T'e C$nstt&t$n O% In!a At-le #/(*)
) At-les
guestpost by Mrinal Satish, Associate Professor, National Law University, Del
-rticle * (7r. #u+esh adav, -ssoc. Professor, 7eptt. of 9orensic #edicine) #.#. Institute
of #edical Sciences : esearch
1ational Polic for ;mpoerment of <omen
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+) State,ent $% J&s!-t$n
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
B8 VIRTUE OF ARTICLE #* OF THE CONSTITUTION OF INDIA
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*) Iss&es
#) 'et'e t'e P&ns',ent 27en 90 t'e H$n:9le H2' C$&t $% J&!-at&e %$
Ra;as't'an at Jap& Ben-' ;&st%a9le<
+) '0 s'$&l! L%e I,ps$n,ent n$t 9e a=a!e! t$ B'a=alal<
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) S0n$pss O% Fa-ts
") =he -ppellant is #s. Shalini aed a*out 20 ears is a nursin student livin in
overnment <omen>s 1ursin ollee Hostel at ?aipur.2) Shri. Bhaarlal the respondent ", aed a*out 30 ears is the cho+idar at the
overnment <omen>s 1ursin ollee Hostel at ?aipur.
3) Shri =ri*huvan the respondent 2, aed a*out "8 ears is a spoilt millionaire student
4) Shri #ohan the respondent 3, aed 22 ears, is the son of a local #@-
!) Shri Sohan the respondent 4, aed 20 ears is in close relation of a central minister
&) Aacations ere to commence on the "st of ?une 200% so there ere onl 3 to 4
students in the Hostel ith a capacit of "00 inmates and the lad <arden left for her
home and no other emploee as there.
') #s. Shalini on the 30th ?une 200% came on the front lan of the hostel, at a*out
""00pm,the main accused Shri Bhaarlal and =ri*huvan forci*l carried her to the
cho+idar>s ca*in, hich as a lonel place.
8) #ohan and Sohan ere heavil drin+in there.
%) =he appellant>s mouth and *od ere tied ith a cloth and Bhaarlal had a +nife in
his hand, hich he used to threaten the appellant and thus made her succum* to the
force. She as iven some intoCicant and drus and forci*l put on the mattress and
as raped one * one *, =ri*huvan, #ohan, Sohan and Bhaarlal.
"0) -fter the an rape she as thron on the *ac+side of the *oundar all of the hostel
at a*out 400 am -t a*out !00 am the appellant came to senses and as seen * the
passers Shri amalal and Shri Shamlal ho descri*ed that she as in a ver serious
condition. She as carried to the Police Station an 9I as lodes (rime 1o. %&& of
200%) under section 3&3 and 3'&(2)() of the IP, ith difficult and intervention of
the Police ommissioner. =he appellant as admitted in the overnment Hospital and
released after to ee+s.
"") =he ho+idar and the three accused could *e traced drun+ sleepin in the
ho+idar>s room"2) - Panchnamah as prepared and articles confiscated * the investiation officer from
the crime scene included a torn out /urta, Paama, pant,haai chappal, nonD
veetarian food items, tum*lers,liEuor *ottles,ciarettes , hu++a ith to*acco and
match*oC, other intoCicants cash s. "0,000F s. !0,000, four cell phones of the four
accused. =he call list shoed that G i) there ere calls *eteen the four accused in the
evenin at '00pm, ii) =o missed calls ere * =ri*huvan to the appellant on 2%th
#a 200%.- classic car #ercedes reistered in the name of =ri*huvan>s father and the
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drivin license of =ri*huvan. =here as a motor*i+e, hich as reistered in the
name of #ohan.
"3) <ithin "2 hours, the appellant had to undero medical eCamination. =he #edical
?urist>s report stated that *lood as seen in the vaina and hmen of the appellant as
found ruptured and damaed. =he accused ere reEuired to undero Sperm
7etection =est> and the report corro*orated the claim of the appellant. Presence of
semen and human spermatooa on the *ed sheets of the mattress ere noticed.
"4) - case under section 3'&(2)() read ith section 3&4- of IP as reistered aainst
the four accused and the ere arrested. Shri =ri*huvan as a*scondin and as later
arrested. -fter filin the chare sheet to the ourt of Sessions Shri =ri*huvan and Shri
Sohan ere released on *ail * Hih ourt. =he appellant souht death sentence for
Bhaarlal and damaes of s 20 la+hs under section 3!' and 3!' - of the P."!) =he itness ere crossDeCamined and stood to the testimon.
"&) Shri =r*huvan claimed to *e a minor. He produces his horoscope, his *irth certificate
and matriculation certificate herein he as found to *e completed "' ears "0
months. -s per medical certificate he as declared "8 ears. He confessed that prior
to this incident he ith the assistance of Bhaarlal had carried one other student to a
five star hotel for a pament of s. !,000 to Bhaarlal and s !0000 to that other
student. He claimed to have received permission from the <arden. -s he as allured
* the charmin personalit of the appellant he had told Bhaarlal to manae the
appellant for s. "0,000 for Bhaarlal and s. !0,000 for the appellant. He claimed
that the intercourse happened racefull ith the consent of the appellant. He as
declared a minor
"') Shri #ohan denied the chare and claimed to *e out of ton and said that he returned
to his house at ""00 pm. But his *i+e as found on the crime scene so he failed to
prove his denial
"8) Shri. Sohan corro*orated the rape stor *ut claimed that he as persuaded *
=ri*huvan to have forci*le intercourse for is pleasure ith Shri =ri*huvan atchin
the action.
"%) Shri. Bhaarlal confessed uilt and stated that he had to coDoperate ith =ri*huvan>s
plan as he received s. "0,000. He said that he had iven the offer to the appellant to
spend one niht ith =ri*huvan for the pament *ut she refused to succum* to the
offer.
20) =he sessions ude ?aipur in his udment dated 30th 7ecem*er 20"0 convicted the
accused asD
• Shri Bhaarlal to undero riorous imprisonment for life• Shri #ohan, student to undero riorous imprisonment of "0 ears
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• Shri. Sohan to undero simple imprisonment for a period of "0 ears
• Shri =ri*huvan havin *een proved minor, to *e dealt ith separatel under
the ?uvenile ?ustice -ct, 2000
• 7amaes aarded of s. "0 la+h
2") -rieved * the said udment the accused as ell as the appellant preferred appeal
*ein riminal -ppeal 1o. !D820"" *efore the Hon>*le Hih ourt of ?udicature for
aasthan at ?aipur Bench. =he Hon>*le Hih ourt ta+in a lenient vie of the
matter, on appreciation of defence evidence and nonDavaili*ilit of an independent
eeDitnesses reduced the sentence aarded * the sessions court to the folloin period
• Shri Bhaar lal to undero riorous imprisonment for "0 ears
• Shri #ohan to undero simple imprisonment for ! ears
• Shri Sohan to period alread underone * accused
• 7amaes ere reduced to s !0000
22) Bein arieved * the aforesaid orders, the appellant as ell as the
accused, Bhaar lal, #ohan and Sohan have filed appeal *efore the Hon>*le Supreme
ourt. =he Hon>*le Supremem ourt has issued notices confinin to the issues
reardin the sentences and damaes as to h the sentence aarded * the Hih
ourt to the three accused respondents *e not restored to that of the sentence aarded
* the supreme court and h the accused Bhaar lal not to undero life
imprisonment.
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/) S&,,a0 $% A2&,ents
I) T'e a-t =as pe>planne!
=he as proper plannin involved in the act. =he evidence proves that the accused ere in
touch of each other on the da of the crime. Intention is esta*lished.
II) T'e ,e!-al e7!en-e? --&,stantal e7!en-e an! t'e -$n%ess$ns -$$9$ate t'e
-,e st$0
=here is seen that all the evidences add up to the crime stor, hich also enhances the
importance and dependa*ilit of his evidence and this ma+es the case stron thouh there is
an a*sence of eeitnesses.
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III) It =as 'a9t&al %$ T9'&7an t$ $%%e ,$ne0 %$ se" an! 'e !e7e! pleas&e 90
=at-'n2 $t'es pe%$, t'e a-t
It as =ri*huvan ho as the mastermind of the act and it as Bhaarlal ho +idnapped m
client. He +ne the intention of =ri*huvan and thus he is responsi*le for the offence as the
have acted ith a common intention. =he other to accused ere alread aare of the plan.
IV) T'$&2' M$'an an! S$'an =ee nt$"-ate!? t'e0 ae esp$ns9le %$ t'e a-t
IntoCication cannot *e a defense as #ohan and Sohan ere drin+in voluntaril and if the
ere intoCicated to the level of not understandin the severit of the crime the ere
committin, ho could it *e eCplained that the ere so*er enouh to force m client to
su*mit to the act.
V) T'e t=$ a--&se! 'a7e -$n%esse! t'e -,e
-s the to accused have confessed to the crime as per the IP the minimum prescri*ed
punishment is a must. -nd in the current situation, the ravit of the act increases as it as a
preDplanned crime done under the uidance of a ha*itual seCDaddict i.e. =ri*huvan and hich
ould not have *een successful ithout the other three accused.
VI) T'$&2' t'e p'0s-al s-as $% a ape s&77$ ,a0 'eal s'e s le%t =t' !eep ,ental
s-as
- hue trauma and a feelin of violation is faced * a rape survivor hich ta+es ears to heal.
=he mental and pscholoical ounds are painful and the ma+e life difficult. -nd it is ust
that the people ho have *rouht this condition on her must understand their crime and this
can *e onl done throuh strict punishment
VII) I% lenen-0 s s'$=n t$ ape -$n7-ts t's =ll pass a =$n2 ,essa2e t$ t'e s$-et0
ape is a crime of eneral intent and there have to *e prohi*itive measures ta+en in order to
prevent this crime and safeuard omen from such individuals. In order to attain such results,
stricter punishments must *e imposed. It is held the crimes li+e rape are instiated in the
su*conscious and in order to prevent them there should *e harsh conseEuences lin+ed to such
crimes so that this ould prevent such crimes
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1) A2&,ents
I) T'e a-t =as pe>planne!
=here as proper communication amon the accused ust four hours *efore the incident. =his
shos a stron intention amon the accused and everone is responsi*le for the act.
It is no coDincidence that Bhaarlal and =ri*huvan spotted m client in the lan of the Hostel
as the ere aitin in the lan for the same purpose.
=he have *een aitin for such an opportunit and e come to +no this from the missed
calls iven * =ri*huvan on the cell phone of m client on the 2%th #a 200%.
It is a confession of the main accused that he did +idnap the victim and act as per the plan of
=ri*huvan
In Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 S !!", the o*servations
made * an earlier Bench in Pramod #ahto and $thers v. State of Bihar, "%8% Supp. (2) S
&'2, ere reiterated * this ourt as follos
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J"4. In cases of an rape the proof of completed act of rape * each accused on the victim is
not reEuired. =he statutor intention in introducin ;Cplanation I in relation to Section 3'&(2)
() appears to have *een done ith a vie to effectivel deal ith the roin menace of
an rape. In such circumstances, it is not necessar that the prosecution should adduce
clinchin proof of a completed act of rape * each one of the accused on the victim or on
each one of the victims here there are more than one in order to find the accused uilt of
an rape and convict them under Section 3'& IP.J
=hus in this case as there *ein a common intention amon the accused, it>s a case under
section 3'&(2)() of IP here the minimum prescri*ed sentence is of "0 ears riorous
imprisonment.
II) T'e ,e!-al e7!en-e? --&,stantal e7!en-e an! t'e -$n%ess$ns -$$9$ate t'e
-,e st$0
=he medical evidence the circumstantial evidence, the prosecution itnesses the medical
urist each one of these stood the test of crossDeCamination and corro*orated the same stor.
=he confessions ere also in line ith the stor conveed5 Such corro*oration is a stron
proof that the offence too+ place and there is no dou*t that it as an act of force and not of
consent.
=he medical urist in the report clearl stated that *lood as seen in the vaina and the
hmen of the appellant as found to *e ruptured and damaed. =he Sperm 7etection =est
that the accused had to o throuh, the report corro*orated ith the claim of the appellant .
=here as presence of semen and human spermatooa on the *edsheets of the mattress.
=he itnesses Shri amlal and Shri Shamlal ho found the appellant in a na+ed state
outside the *ac+side of the *oundar all of the hostel stated a*out inur on the private
parts, a*rasions and *ruises on *reasts and chee+s and ooin of *lood. =he confessions of
the cho+idar Bhaarlal and Sohan *oth corro*orated the rape stor thus ma+in a stron
case.
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III) It =as 'a9t&al %$ T9'&7an t$ $%%e ,$ne0 %$ se" an! 'e !e7e! pleas&e 90
=at-'n2 $t'es pe%$, t'e a-t
=he master mind of the act as =ri*huvan. It as he ith the help of Bhaarlal ho
threatened and carried the appellant to his ca*in and forced her to su*mit and thus raped her.
He also administered alcohol ith drus forci*l and thus incapacitated her opposition.
9urthermore it as also confessed * =ri*huvan that he had even offered s !000 to
Bhaarlal and s. !0000 to another irl and carried her to a five star hotel for the entire
niht. He also throuh Bhaarlal offered s. !0000 to the appellant to spend a niht ith him
*ut the appellant straihta refused. It as due to this that he forced the appellant and his
plan ould not have *een successful ithout the help of Bhaarlal. In Bhaarlal>s
confession it as stated that he had the +nolede of this refusal and inspite of havin this
+nolede he helped =ri*huvan , this is a clear sin that he i.e Bhaarlal had also that
common intention.
IV) T'$&2' M$'an an! S$'an =ee nt$"-ate!? t'e0 ae esp$ns9le %$ t'e a-t
IntoCication is not a defense that can *e used * the accused. It has *een dul proved that
the ere in a heavil drun+ condition and the had consumed the alcohol voluntaril and
thus as under section 8& of the IP, it is assumed that the had the complete +nolede of
the conseEuences of their act. =here as a call amon the four accused on the da of the act,
hich is a clear indication that there as coDordination and proper intention amon the
accused. =he confession of Sohan adds more proof as it totall corro*orated the rape stor.
=houh #ohan did not confess the crime, his motor*i+e as found at the crime scene. =hus
he could not provide an valid eCplanation for the same.
=herefore #ohan and Sohan are no eCceptions to the crime and the must *e dealt ith in a
strict manner.
V) T'e t=$ a--&se! 'a7e -$n%esse! t'e -,e
Bhaarlal the main accused corro*orated totall ith the rape stor. -nd similarl Sohan too
confessed. =hese confessions and their corro*orations ma+e the prosecution>s case more
stron and are a clear indication that the crime too+ place and it as out of force and
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administration of alcohol that the victim as made to su*mit to the act and it as totall
aainst her consent.
VI) T'$&2' t'e p'0s-al s-as $% a ape s&77$ ,a0 'eal s'e s le%t =t' !eep ,ental
s-as
In Shri Bodhisatta autam vs #iss Su*hra ha+ra*ort "%%& -I %22, "%%& S It as
stated thatD
=his ourt has, innumera*le times, declared that Jiht to @ifeJ does not merel mean
animal eCistence *ut means somethin more, namel, the riht to live ith human dinit.
(See 9rancis oralie #ullin vs. =he -dministrator, 6nion =erritor of 7elhi : $rs., -I
"%8" S '4&5 State of #aharashtra vs. handra*han, -I "%83 S 8035 $la =ellis : $rs.
vs. Bom*a #unicipal orporation : $rs., -I "%8& S "805 and 7elhi =ransport
orporation vs. 7.=.. #adoor onress : $rs., -I "%%" S "0"). iht to @ife ould,
therefore, include all those aspects of life hich o to ma+e a life meaninful, complete and
orthDlivin. 6nfortunatel, a oman, in our countr, *elons to a class or roup of societ
ho are in a disadvantaed position on account of several social *arriers and impediments
and have, therefore, *een the victim of trann at the hands of men ith hom the,
fortunatel, under the onstitution eno eEual status. <omen also have the riht to life and
li*ert5 the also have the riht to *e respected and treated as eEual citiens. =heir honour and
dinit cannot *e touched or violated. =he also have the riht to lead an honoura*le and
peaceful life. <omen, in them, have man personalities com*ined. =he are #other,
7auhter, Sister and <ife and not pla thins for center spreads in various maaines,
periodicals or nespapers nor can the *e eCploited for o*scene purposes. =he must have
the li*ert, the freedom and, of course, independence to live the roles assined to them *
1ature so that the societ ma flourish as the alone have the talents and capacit to shape
the destin and character of men anhere and in ever part of the orld. ape is thus not
onl a crime aainst the person of a oman (victim), it is a crime aainst the entire societ. It
destros the entire pscholo of a oman and pushed her into deep emotional crises. It is
onl * her sheer ill poer that she reha*ilitates herself in the societ, hich, on comin to
+no of the rape, loo+s don upon
her in derision and contempt. ape is, therefore, the most hated crime. It is a crime aainst
*asic human rihts and is also violative of the victimKs most cherished of the 9undamental
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ihts, namel, the iht to @ife contained in -rticle 2". =o man feminists and
pschiatrists, rape is less a seCual offence than an act of aression aimed at deradin and
humiliatin omen. =he rape las do not, unfortunatel, ta+e care of the social aspect of the
matter and are inept in man respects.
=hus as understood a*ove the repercussions of rape on the mind of the omen on her social
status and on her social outloo+ are ver painful. It has *een o*served especiall in this case
that as the victim is oun and unmarried, this scar ould *e even deeper and there ma *e
difficult in findin a proper room for her due to the social stima attached to the victims of
rape.
It is stated in A guestpost by Mrinal Satish, Associate Professor, National Law University,
Delhi.
6nli+e other offences, the crime of rape carries its on *aae. $ver the ears, stereotpical
and patriarchal notions have developed ith reard to omen>s seCual *ehaviour. #ost of
these notions are *ased on the assumption that the chastit and virinit of a oman are her
most important Lassets.M Popular notions consider rape as a fate orse than death since it ro*s
omen of these LvirtuesM and casts a stima over victims for the rest of their lives. In these
imainations, rape is not a crime aainst a oman>s seCual autonom or *odil interit, *ut
an irrepara*le loss to her chastit, Lmodest,M and social standin. - oman ho has alread
LlostM her chastit and modest * havin seCual relations *efore or outside of marriae, is
not considered to have suffered too much harm5 and the perpetrator is therefore not reEuired
to *e punished too severel. In order to ensure that such stereotpical notions relatin to the
seCual *ehaviour and seCual mores of omen are not considered in rape trials, the Indian
;vidence -ct as amended in 2003, prohi*itin the defence from impeachin a rape victim>s
testimon on the *asis of her past seCual histor. 6nfortunatel, the amendment appears to
have impacted onl the uilt determination phase of the trial, and not the sentencin phase.
=he site of stereotpin has merel shifted from the uilt determination phase to the
sentencin phase of the trial, and stereotpes have an adverse impact on rape sentencin. In
cases here the oman>s *ehaviour does not adhere to stereotpical constructs, the men ho
raped them end up ettin loer sentences.
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T'&s t'e p&ns',ent %$ t's -,e s'$&l! 9e st-t as t'e =$,en s 'a,e! %$ 'e l%e
as state! n t'e s&pe,e -$&t -ase a9$7e. T'&s t'e st-test p&ns',ent s'$&l! 9e 27en
t$ t'e a--&se! as t's =$&l! sen! a ,essa2e t$ t'e s$-et0 t'at t'ee s @e$ t$lean-e %$
s&-' 'en$&s a-ts an! t'&s =e ae !e,an!n2 l%e ,ps$n,ent %$ B'a=alal an! t'e
st-test p&ns',ents %$ all t'e $t'e a--&se!.
VII) I% lenen-0 s s'$=n t$ ape -$n7-ts t's =ll pass a =$n2 ,essa2e t$ t'e s$-et0
ape is a crime, hich has a devastatin effect on the survivors5 it has *een descri*ed as a
L*einnin of a nihtmareM. =he after shoc+s include depression, fear, uiltDcompleC,
suicidalDaction, and diminished seCual interest. etc., Lone *ecomes afraid ofKNN..rites a
victim, Lhalf the human raceM. eferrin to the pitia*le condition of omen in societ #r.
?ustice S. -hmad o*served that Lunfortunatel, a oman in our countr, *elons to a class or
roup of societ ho are in a disadvantaed position on account of several social *arriers and
impediments and have therefore, *een victims of trann at the hands of men ith hom
the, unfortunatel, under the onstitution Leno, eEual statusM. L<omen also have the riht
to life and li*ert5 the also have the riht to *e respected and treated as eEual citiens. =heir
honour and dinit cannot *e touched or violated. =he also have the riht to lead an
honora*le and peaceful life. (7r. #u+esh adav, -ssoc. Professor, 7ept. of 9orensic
#edicine) #.#. Institute of #edical Sciences : esearch
In State of /arnata+a v. au, -I 200' S 322!, this ourt dealt ith a case of ape of a
minor irl *elo "2 0eas of ae, herein the Hih ourt reduced the sentence of the
accused from seven 0eas to three and a half 0eas. =his ourt held that the normal sentence
in a case here ape is committed on a child *elo "2 0eas of ae, is not less than "0 0easK
riorous imprisonment, thouh in eCceptional cases Lfor special and adeEuate reasonsM
sentence of less than "0 0easK riorous imprisonment can also *e aarded. =he ourt
o*served that socioDeconomic status, reliion, race, caste or creed of the accused or the victim
are irrelevant
22. =he ourt further too+ note that aardin punishment lesser than the ,n,&, sentence
of 4 0eas as permissi*le onl for adeEuate and special reasons. Hoever, no such reasons
have *een recorded * the court for doin so, and thus, the court failed to ensure compliance
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of such mandator reEuirement *ut aarded the punishment lesser than
the ,n,&, prescri*ed under the IP. Such an order is violative of the mandator
reEuirement of la and has defeated the leislative mandate. 7ecidin the case in such a
casual manner reduces the criminal ustice deliver sstem
=he 1ational Polic of empoerment of <omen States thatD
-ll forms of violence aainst omen, phsical and mental, hether at domestic or societal
levels, includin those arisin from customs, traditions or accepted practices shall *e dealt
ith effectivel ith a vie to eliminate its incidence. Institutions and mechanismsschemes
for assistance ill *e created and strenthened for prevention of such violence , includin
seCual harassment at or+ place and customs li+e dor5 for the reha*ilitation of the victimsof violence and for ta+in effective action aainst the perpetrators of such violence. - special
emphasis ill also *e laid on prorammes and measures to deal ith traffic+in in omen
and irls.
6nder -rticle "! (3) of the constitution the State has *een empoered to ma+e special
provisions for omen.
-rticle "4 and "!(3) pla pivotal role in attainin eEual rihts for omen alon ith a *etter
protection as in other *ranches of la.
=he onstitutional mandate of eEualit of seCes and special protection provided under -rticle
"!(3) as enforced * the Supreme ourt in the cases of
-ir India v. 1aresh #eera "%8"(4) S 33!5 -I "%8" S "82%
#uthamma v. 6nion of India "%'% -I "8&8, "%80 S (") &&8
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4) Pa0e
In liht of the aforesaid, it is hum*l praed *efore this Hon>*le ourt that the impuned
udment dated 200!20"3 of =he Hon>*le Hih ourt of ?udicature for aasthan at ?aipur
Bench is unreasona*le and unust. It is totall disproportionate to the heinousness of the
crime. It is hum*l reEuested to =he Hon>*le Supreme ourt to reinstate the udment of the
ourt of Sessions ?aipur dated 30"220"0
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