The Kolkata High Court has recently reduced the punishment awarded to the rape convict to ‘the period already undergone’ as imprisonment. The reduction in the sentence of the rape convict has been imposed keeping in mind fact that the rape convict and the victim are married to each other and have settled in life with their children. The said reason has been found to be ‘just and fair’ to impose a lesser punishment. This judgment was given in the case of Habibur Rahaman @ Habai vs.The State of West Bengal.[C.R.A 730 of 2008] by Justice Asha Arora
The Calcutta High Court has followed a judgment given by Supreme Court in 2015 [Ravindra vs. State of Madhya Pradesh Criminal Appeal No. 1410 of 2013] while pronouncing lesser punishment for the rape accused on 26th July 2018. The Supreme Court had reduced the punishment of the convict to ‘the term already undergone’ as the case was 20 years old and the parties had compromised and married each other.
The Calcutta High Court Bench while reducing the punishment given to the rape accused stated that the fact that the accused and the victim are married to each other and have settled in life with their children appears to be an adequate and special reason for imposing lesser sentence.
It will be very interesting too see that if this case reaches the Supreme Court and if it does, it would clarify whether such reduction of sentence or quashing of rape case can be done in cases where the accused and the victim are married and happily settled.