
JGLS Gangrape: SC Slams Punjab And Haryana HC Order Suspending Sentence Of Accused
Live LawThe Supreme Court bench of Justice SA Bobde and Justice L Nageswara Rao on Thursday criticized the order dated September 13, 2017, of the Punjab and Haryana High Court, suspending the sentence of imprisonment for 20 years of two students of Jindal Global Law School convicted for gangrape of a co-student and permitting their release on bail during the pendency of the appeals against. The Supreme Court bench of Justice SA Bobde and Justice L Nageswara Rao on Thursday criticized the order dated September 13, 2017, of the Punjab and Haryana High Court, suspending the sentence of imprisonment for 20 years of two students of Jindal Global Law School convicted for gangrape of a co-student and permitting their release on bail during the pendency of the appeals against the conviction. Senior counsel Sidharth Luthra, appearing on behalf of the respondent Vikas Garg in the Special Leave Petition preferred by the victim against the order of the high court, submitted that Garg was not guilty of the offence of gangrape and had been awarded imprisonment for a term of 7 years in respect of a solitary incident of sexual encounter with the victim. The court had observed, “The testimony of the victim does offer an alternate story of casual relationship with her friends, acquaintances, adventurism and experimentation in sexual encounters and these factors would, therefore, offer a compelling reasons to consider the prayer for suspension of sentence favourably particularly when the accused themselves are young and the narrative does not throw up gut wrenching violence, that normally precede or accompany such incidents.” The bench had also lamented the tragedy thrown before them, noting that the “entire crass sequence actually is reflective of a degenerative mindset of the youth breeding denigrating relationships mired in drugs, alcohol, casual sexual escapades and a promiscuous and voyeuristic world.” The order had made references to the statements of the prosecutrix, explaining that it was necessary to “gain and give an insight into the immature but nefarious world of youngsters unable to comprehend the worth of a relationship based on respect and understanding”.
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