Breaking ; Under No Circumstances a Rape Case can be Compromised; Supreme Court [Read the Judgment]

The Supreme Court of India in a judgment pronounced today has held that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. The Supreme Court accordingly ruled out mediation in such cases.The Judgment is very relevant because of the controversial Judgment of Madras High Court in which the Court had ordered mediation in a rape. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility.” The High Court in its judgment had also noted the plea made by the accused that the “parties had entered into a compromise and a petition seeking leave to compromise though was filed before the learned trial Judge, it did not find favour with him on the ground that the offence in question was non-compoundable and, therefore, regard being had to the said factum the sentence should be reduced to the period already undergone, which was slightly more than one year.” The High Court had then accepted such a plea along with the observations that there were multiple contradictions in the prosecution’s case. However, the Supreme Court did not appreciate the judgment of the High Court and observed, “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 also noted that the High Court had not perused all of the evidence before it and that it does not satisfy the requirement of exercise of the appellate jurisdiction.