Supreme Court clearly stated that in a case of rape or
attempt of rape, the conception of compromise under no circumstances can really
be thought of. These are crimes against the body of a woman which is her own
temple.
These are offences which suffocate the breath of life and
sully the reputation. And reputation, needless to emphasise, is the richest
jewel one can conceive of in life. No one would allow it to be extinguished.
When a human frame is defiled, the “purest treasure”, is lost. Dignity of a
woman is a part of her non-perishable and immortal self and no one should ever
think of painting it in clay. There cannot be a compromise or settlement as it
would be against her honour which matters the most. It is sacrosanct. Sometimes
solace is given that the perpetrator of the crime has acceded to enter into
wedlock with her which is nothing but putting pressure in an adroit manner; and
we say with emphasis that the Courts are to remain absolutely away from this
subterfuge to adopt a soft approach to the case, for any kind of liberal approach
has to be put in the compartment of spectacular error. Or to put it
differently, it would be in the realm of a sanctuary of error. We are compelled
to say so as such an attitude reflects lack of sensibility towards the dignity,
the elan vital, of a woman. Any kind of liberal approach or thought of
mediation in this regard is thoroughly and completely sans legal
permissibility.
Principle: Even though accused is ready to marriage of victim with her consent that cannot be allowed from the punishment immunity under the law.