Case Law (S. 376(1)---Criminal Law (Amendment) (Offences Related to Rape) Act (XLIV of 2016), S. 5---Rape of minor---Reappraisal of evidence)

 PLD 2020 SC 313

S. 376(1)---Criminal Law (Amendment) (Offences Related to Rape) Act (XLIV of 2016), S. 5---Rape of minor---Reappraisal of evidence---Sentence, quantum of---Amendment enhancing quantum of sentence not to have retrospective effect---When the crime was committed the law i.e. S.376(1), P.P.C prescribed that such sentence, 'shall not be less than ten years or more than twenty-five years', but the High Court had sentenced the accused to 'imprisonment for life', which alternate punishment was subsequently enhanced pursuant to the Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016---Had the correct law been applied the High Court may have been persuaded to pass a lesser sentence---Appropriate sentence to be imposed upon the accused under S.376(1) P.P.C., had to be determined before said section was amended---Question as to whether the minimum or maximum prescribed sentence, or any sentence in between, was to be imposed was done after considering the facts of the case, including the age of the accused at the time when he committed the crime---Subsequent conduct of the accused may also be relevant for consideration of the Bench hearing the appeal, therefore, the Superintendent of the Jail, where the accused was detained and serving out his sentence, was directed to submit a report within fifteen days with regard to the accused's conduct and the reasons for him having earned the stated remissions--