Compromise between accused and victim is of no relevance in deciding rape cases

Ramphal Vs State of Haryana and Anr

Supreme Court

27/11/2019

CRIMINAL APPEAL NO. 438 OF 2011

About/from the judgment:

"It is imperative to emphasise that we do not accept such compromise in matters relating to the offence of rape and similar cases of sexual assault."

 

the Supreme Court has emphasized that compromise between rape accused and victim is of no relevance in deciding criminal cases.

 

Before the bench, it was submitted that during the pendency of the appeals, both the accused have paid Rs. 1.5 lakhs each in favour of the prosecutrix and she has accepted the same willingly for getting the matter compromised. It said:

 

"However, it is imperative to emphasise that we do not accept such compromise in matters relating to the offence of rape and similar cases of sexual assault. Hence the aforesaid compromise is of no relevance in deciding this matter. "

 

Upholding the conviction recorded by the Trial Court, the bench observed that, in this case, evidence of the prosecutrix is coupled with the medical evidence and thus clearly proves that the offence of rape has been committed.

 

However, the bench reduced the sentence to actual imprisonment for six years and ordered them to pay an additional fine of Rs. 1.5 lakhs each. It further directed that the entire amount of Rs. 3 lakhs shall be disbursed in favour of the victim as compensation under Section 357 of the 3 Criminal Procedure Code notwithstanding the payment of Rs. 1.5 lakhs each already made by the accused to the victim.

 

Recently, another bench of the Supreme Court had quashed a 'rape case' on the ground of settlement between the accused and the victim for 'doing complete justice to the parties concerned'.The High Court, in the said case, had dismissed the petition observing that it was not inclined to quash the proceedings for offence punishable under section 376 IPC, on consent.

 

In State of Madhya Pradesh v Madan Lal, it was held by the Apex Court that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.

Read the Judgment

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