Express News Service By

NEW DELHI: Giving a stern and clear message, the Supreme Court on Wednesday ruled that adopting a soft approach on cases of rape or attempt to rape would be a spectacular error and there cannot be any compromise or mediation in such cases. These crimes are against the body of a woman which is her own temple, the apex court said.

The ruling comes days after the Madras HCsaid a man, who raped a teenager when she was just 15, could leave jail for a mediation session with the victim. “When a human frame is defiled, the purest treasure is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” said a Bench headed by Justice Dipak Misra.

“We would like to clearly state that in case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench said. The strong remarks came as the court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape.

The SC also stressed the courts should remain absolutely away from any subterfuge, like the perpetrator entering into a wedlock with the victim, to adopt a soft approach in a case, since “any kind of liberal approach has to be put in the compartment of spectacular error”. The Madhya Pradesh Government had appealed against the HC verdict holding guilty the accused only for lesser offence of outraging the modesty of the minor with a restricted punishment to the period already undergone, which was slightly more than a year. The Bench remitted the case to the HC for a re-appraisal of evidence and a fresh decision, with an order that the accused be taken into custody. “In the instant appeal, as a reminder, though repetitive, first we shall dwell upon, in a painful manner, how some of the appellate judges, contrary to the precedents and against the normative mandate of law, assuming a presumptuous role, have paved the path of unbelievable laconicity to deal with criminal appeals which, if we permit ourselves to say, ruptures the sense of justice and punctures the criminal justice dispensation system,” it said.

“Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner...We say with emphasis that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error,” the court said.