Caste or Religion of accused should never be mentioned in the title of the judgment : SC

Caste or Religion of accused should never be mentioned in the title of the judgment : SC

Yesterday, the division bench of Justice  Abhay S Oka and Pankaj Mithal of the Supreme Court said that, the Caste or the Religion of the person should never be mentioned in the title of the Judgement. 
 
The Supreme Court expressed its disapproval of the Rajasthan High Court and a trial court for including the accused's caste in the case title of a judgment related to a case under the Protection of Children from Sexual Offences Act (POCSO Act)
 
Case Brief -
 
The Court was in the process of considering an appeal submitted by the State of Rajasthan, which challenged the High Court's decision to reduce the respondent-convict's sentence from life imprisonment to 12 years of imprisonment. The convict was found guilty of rape and sexual assault of a 5-year-old child.
 
The trial court had convicted the individual and imposed a life imprisonment sentence, but the High Court later reduced this sentence to 12 years. This decision was influenced by factors such as the convict's young age, his impoverished background as a member of a Scheduled Caste family, and the absence of a habitual criminal record
Later the State of Rajashtan approached the Supreme Court.

"The offence is so gruesome and heinous that it will impact the victim for her entire life. The childhood of the victim has been destroyed. The victim's life has been ruined due to the trauma and everlasting impact on her mind. It must have converted the victim into a psychological wreck."

"Mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general. The rights of the accused must be balanced with the effect of the crime on the victim and her family. This is a case which impacts the society. If undue leniency is shown to the respondent in the facts of the case, it will undermine the common man's confidence in the justice delivery system."

Nevertheless, the Court opted not to reinstate the life sentence and, instead, heightened the term of rigorous imprisonment to fourteen years, with no possibility for remission.

Notably, the top court also suggested that the State or Legal Service Authorities ensure that a victim in a child sexual abuse case receives proper counselling by a trained person, and are able to continue with their education.

"It will help the victim children to come out of the trauma, which will enable them to lead a better life in future. The State needs to ensure that the children who are the victims of the offence continue with their education. The social environment around the victim child may not always be conducive to the victim's rehabilitation."

n this regard, only monetary compensation is not holistic enough in terms of rehabilitation in a true sense, the bench added.

"Perhaps the rehabilitation of the girl victims in life should be part of the “Beti Bachao Beti Padhao” campaign of the Central Government. As a welfare State, it will be the duty of the Government to do so," the Court suggested.

The registry received instructions to send a copy of the judgment to the Secretary of the Union Ministry of Women and Child Development.

Share this News

Website designed, developed and maintained by webexy