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Shyam Narain Vs. The State of NCT of Delhi [15/05/13]

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[Criminal Appeal No. 1860 of 2010]. The wanton lust, vicious appetite, depravity of senses, mortgage of mind to the inferior endowments of nature, the servility to the loath some beast of passion and absolutely unchained carnal desire have driven the appellant to commit a crime which can bring in a 'tsunami' of shock in the mind of the collective, send a chill in the spine of the society, destroy the civilized stems of the milieu and comatose the marrows of sensitive polity. It is brutal rape of an eight year old girl. The sensitive learned trial Judge, after recording conviction under Section 376(2)(f) of the Indian Penal Code (for short "IPC"), had taken note of the brutality meted out to the child and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- failing which to undergo rigorous imprisonment for six months. The Division Bench of the Delhi High Court has equally reflected its anguish over the crime by describing it as "pervaded with brutality" and "trauma which the young child would face all her life" and has concurred with the sentence of imprisonment and the fine. This Court, at the time of issuance of notice, had restricted it to the quantum of sentence. However, we shall dwell upon the merits of the case in brief.

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