Consider revising policy to include repeated rape with minor in list of ‘heinous crime’: High Court

Tribune News Service

Saurabh Malik

Chandigarh, April 15

Taking note of non-inclusion of repeated rape with minor victim in the list of “heinous crime” as defined in the policy dated July 8, 1991, for the purpose of premature release of convicts, the Punjab and Haryana High Court has called upon the State to consider revising it.

The assertion by Justice Nidhi Gupta of the high court came in a case where a man was convicted for repeatedly raping his stepdaughter. “It is important to note that as per the policy dated July 8, 1991, repeated rape with minor victim is not included in the list of ‘heinous crime’ as defined in the policy itself for purposes of premature release. The State may consider revisiting the same to provide for cases such as the present one where the petitioner has been convicted for the repeated rape over several years from 2004 to 2008 of his minor 12-year-old stepdaughter,” the Bench observed.

Justice Gupta also took note of the fact that the petitioner had also impregnated the girl. By the time the matter came to light, it was too late to terminate the pregnancy. “The trauma undergone by the minor victim cannot even begin to be imagined. Not only was the victim subjected to violation of the worst kind, that too by a father like figure in whom the minor child would normally repose trust, but the victim was also forced to become a mother while still a minor herself,” the Judge observed.

Justice Gupta was hearing a petition filed by the convict against the “State of UT Chandigarh, and others respondents”. He was, among other things, seeking the quashing of an order issued in December last year by the Under-Secretary Home, for Home Secretary, Chandigarh Administration, whereby his case for premature release was rejected. Directions were also sought to the respondents to release him as the petitioner had already undergone the “required sentence as per policy dated July 8, 1991”

Justice Gupta added that it would not be an exaggeration to the state that the victim would be scarred for life due to the commission of the present crime by the petitioner. As such, the deficiency in the policy July 8, 1991, was required to be addressed. “In cases of heinous offences such as the present one, it may be recommended that prisoners should not be held entitled to premature release,” Justice Gupta added, while dismissing the plea.

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