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Supreme Court of India 2018-05-03 partly_allowed

Elumalai vs Inspector of Police All Women Police Station Vellore District Tamil Nadu

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A man convicted of raping a girl under 16 years old was sentenced to 10 years imprisonment. On appeal, the Supreme Court found that the victim, now his wife, wished for his release to avoid hardship for her and their child. The court noted they had married immediately after the alleged incident and were living happily together. The father had settled land on the victim. The court reduced the sentence to time already served (less than 4 years) under Article 142, finding that prolonged imprisonment would cause greater trauma to the victim than his release, while acknowledging the victim's young age remained a material factor in the case."

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Criminal Law Rape Sentencing Constitutional Remedies Family Law Victim's Interests Article 142

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