Crl.A. No. 001278 - 001279 / 2013

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Rape is a non-compoundable offence against society, and a post-conviction compromise between the accused and victim cannot constitute "adequate and special reasons" under the proviso to Section 376(2) IPC to justify imposition of a sentence below the statutory minimum; similarly, factors such as lapse of time, the victim's marital status, or socio-economic considerations of either party are legally irrelevant to sentencing in gang rape cases. As analysed on casestatus.in, courts must impose punishment strictly proportionate to the gravity of the offence, and the discretionary power under the proviso must be exercised sparingly, not in a routine or casual manner.