“So a precedence of leniency had been set in an earlier case…” by IHM

“Praveen Talwar (PT) of Lawst In Translation who created this petition has shared more information.

I am sharing PT’s email below.

“Finally got some time to sniff around. Found  the original judgement, if you want a look. Here it is:

http://bombayhighcourt.nic.in/data/judgements/2011/CRAPEAL60008.pdf

I’ve attached the text of the Cited case as well, for reference, because the reduction in the sentence seems to have been based completely on that one case.

This is where the judge completely turned around:

” It is submitted by Mr. Sait [counsel for the defense] that the severe punishment imposed by the Trial Court may not serve the purpose, and may prove to be counter productive. He has relied upon the judgment of the Orissa High Court in the case of Mihir alias Bhikari Charan Sahu Vs. State reported in 1992 CRI L.J. 488 and submitted that the Orissa High Court had come to the conclusion that  since the appellant has a broken family life and belongs to the lower strata of the society and since the offence definitely was one relating to perversity and deprivation of mind, the sentence was reduced to two years from three years.”

He’s talking about FAMILY. A broken family.

Are you kidding me?!

It’s unbelievable, really.”

So a bad precedence had already been set, and now this case is only making it a stronger case for reduced sentences for rapists who lose control when they stay away from family?”

Read more here

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