Refusing to show leniency towards the convict as he committed the crime under the "shield of his uniform", the court observed that even after the December 16 gang rape case that prompted the government to take some stern measures, incidents of rape continue unabated.
"One of the reasons may be that sentences handed over to the rapists by judiciary are not deterrent enough. In my opinion, in order to avoid recurrence of the incidents of rape, it is absolutely necessary to ignore insignificant mitigating factors and to impose stringent sentences upon the rape convicts," additional sessions judge Virender Bhat said.
The court said that though the offence deserved nothing "less than life imprisonment", however, due to the old age of the convict and frail health, the maximum punishment could not be given. Apart from the jail term, the court also imposed a fine of Rs 1 lakh on Brahamjit, who was a sub inspector posted at Jaffarpur Kalan at the time of the incident in 1998, and said, if realized, the amount should be given to the victim.
The court pulled up police for its "shoddy and flimsy" probe in the case to shield their colleague.
"... The victim, a helpless and lonely widow, was pitted against the whole police department. It would have required intense courage for her to continue struggle against the whole police department and fight for justice to her," it said.
The woman, who was 35 at the time of rape, in her complaint before a magistrate had said that on the night of April 12, 1998, Brahamjit had come to her house and illegally took away her son and kept him in custody. He again came to her house on the morning of April 20 and forcibly put her and her daughter into a jeep but left her daughter when neighbours protested, she said. The woman said she was confined at the police station till next morning and was raped by Brahamjit repeatedly. He had also threatened to kill her if she disclosed the incident to anyone.
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