Delhi District Court
State vs . 1. Surinder Kumar Babbar, on 29 January, 2013
IN THE COURT OF SH. VIRENDER BHAT, A.S.J. (SPECIAL
FAST TRACK COURT), DWARKA COURTS, NEW DELHI.
SC No. 02/13.
Unique Case ID No.02405R0196012011.
State Vs. 1. Surinder Kumar Babbar,
S/o Sh. Ram Kishan Babbar,
R/o RZ-K-32, Gopal Nagar,
Najafgarh,
New Delhi.
2. Yogesh Kumar,
S/o Sh. Jagbir,
R/o H.No.RZ-287, Saraswati Enclave,
Gopal Nagar, Najafgarh,
New Delhi.
Date of Institution : 09.2.2011.
FIR No.497 dated 12.11.2010.
U/s. 341/363/376/506/292(2)/34 &
U/s.67 of Information Technology Act, 2000.
P.S. Najafgarh.
ORDER ON SENTENCE
1.Vide judgment dated 23.1.2013 of this court, convict Surinder has been convicted of having committed the offences punishable u/s.366 IPC, u/s.376 IPC, u/s.509 IPC & u/s.506 IPC. Convict Yogesh has been convicted of having committed the offences punishable u/s.366/109 IPC, u/s.509/109 IPC, u/s.506/109 IPC and u/s.376/109 IPC.
2. Arguments heard on the point of sentence.
3. Ld. APP for State argued for a harsh sentence to both SC No.2/13. Page 1 of 5 the convicts saying that convict Surinder not only raped the prosecutrix but also got the said act filmed by convict Yogesh with the help of mobile phone and then both of them threatened her to keep quiet or otherwise the CD prepared of the act would be made public. He further argued that convict Yogesh was with convict Surinder throughout the commission of all the offences and he has aided and abetted the commission of offences of kidnapping, rape, criminal intimidation etc. by convict Surinder.
4. Ld. Counsel for the convict Surinder pleaded for a lenient sentence to him on the ground that he is a young boy of 24 years of age and still unmarried. It was also submitted that the convict has the responsibility of looking after and maintaining his old aged mother.
5. On behalf of convict Yogesh, it was submitted that he was a student at the time of commission of offences and now also he is a young boy of 25 years of age, still unmarried. It was further submitted that the brother of the convict has died in the year 2010 and now he is the only bread earner of his family and has the responsibility of looking after his old aged parents. The Ld. Counsel urged this court to take a lenient view in favour of convict Yogesh for the reason also that he had not actively committed any offence but only facilitated and abetted the commission of offences by convict Surinder.
6. I have considered the submissions of Ld. APP for State, Ld. Counsels for the convicts and the circumstances of the case, in which the offences were committed by the two convicts.
SC No.2/13. Page 2 of 57. Convict Surinder had hatched a well thought of plan to kidnap and rape the prosecutrix as she had spurned his offer of friendship. He executed the plan on the fateful day with active connivance and aid of convict Yogesh. Convict Surinder violated the prosecutrix in his shop and convict Yogesh filmed the sex act by his mobile phone on the asking of convict Surinder. Both of them then threatened the prosecutrix to keep quiet or otherwise the CD containing sex act would be made public. It may also be noted that the prosecutrix had been given beatings by convict Surinder before sexually assaulting her, as a result of which she was overwhelmed with intense fear and had no courage to resist the sinister act of Surinder.
8. The offences of kidnapping and rape have seen a steep increase in the recent past. Such kind of offences have a devastating effect upon the victim as it destroys the entire psychology of a woman who feels it very difficult to live with the stigma of having been raped. The courts while sentencing a rape convict should take note of the effect of the offence of rape on the social order. Rape is the most hated crime in the society. We have recently witnessed the anger and disgust of society at large in the aftermath of infamous gang rape of a paramedic in Delhi, who later on succumbed to the injuries received by her during the act. The social impact of the crime, when it relates to the sexual assault upon a woman, which has a great impact upon the social order and public interest, cannot lost sight of while sentencing a convict. These kind of crimes require exemplary treatment and any liberal attitude shown by imposing meager sentence and SC No.2/13. Page 3 of 5 taking too sympathetic view would be counter protective in the long run and against the social interest which needs to be cared for and strengthened by adopting a deterrent sentencing policy.
9. It is also to be noted that mere young age of the convict should not be treated as a mitigating factor warranting a lenient sentence. Experience shows that the offence of rape and kidnapping etc. are usually committed by the young boys aged between 20 - 30 years. Therefore, the age of the convict should not be allowed to come in the way of imposing a deterrent sentence upon the convict as otherwise in all such cases, the convict would get away with a lighter punishment.
10. Keeping in view the aforesaid facts and circumstances, the convicts are hereby sentenced as under :
(i) Convict Surinder is hereby sentenced to rigorous imprisonment for a period of 7 years with a fine of Rs.25,000/- for the offence punishable u/s.366 IPC.
He shall spend a further period of imprisonment in jail in case of non payment of fine.
(ii) Convict Surinder is further sentenced to rigorous imprisonment for a period of 10 years with a fine of Rs.25,000/- for the offence punishable u/s.376 IPC. He shall spend further 6 months in prison in case of non payment of fine.
(iii)Convict Surinder is further sentenced to simple imprisonment for a period of 6 months for the offence punishable u/s.509 IPC.
(iv) Convict Surinder is further sentenced to rigorous SC No.2/13. Page 4 of 5 imprisonment for a period of 2 years for the offence punishable u/s.506 IPC.
(v) Convict Yogesh is hereby sentenced to rigorous imprisonment for a period of 7 years alongwith fine of Rs.10,000/- for the offence punishable u/s. 366/109 IPC. He shall remain in jail for a further period of 3 months in case of non payment of fine.
(vi) Convict Yogesh is further sentenced to rigorous imprisonment for a period of 7 years alongwith fine of Rs.10,000/- for the offence punishable u/s. 376/109 IPC. He shall spend further period of 3 months in jail in case of non payment of fine.
(vii) Convict Yogesh is further sentenced to simple imprisonment for a period of 3 months for the offence punishable u/s.509/109 IPC.
(viii) Convict Yogesh is also sentenced to rigorous imprisonment for a period of 1 year for the offence punishable u/s.506/109 IPC.
11. All the aforesaid sentences imposed upon both the convicts shall run one after other. However, the convicts shall be entitled to benefit u/s.428 Cr.PC.
12. Copies of the judgment dated 23.1.2013 and Order on sentence of today's date be supplied to the convicts.
Announced in open (VIRENDER BHAT)
Court on 29.1.2013. Addl. Sessions Judge
(Special Fast Track Court)
Dwarka Courts, New Delhi.
SC No.2/13. Page 5 of 5