The Delhi High Court has awarded a 10-year rigorous imprisonment to a woman convicted of facilitating rape, emphasizing that courts cannot go below the minimum punishment prescribed by law. The decision came while deciding the sentence in an appeal filed by the State against an earlier acquittal.
Background of the Case
The case dates back to August 31, 2013, when the offence was committed. The prosecution alleged that the convict actively lured the victim and played a direct role in enabling the crime. She was found guilty under multiple provisions of the Indian Penal Code, including abetment of rape.
During the sentencing hearing, the defence urged the court to take a lenient view. It was argued that the convict had already spent around nine months in custody and had a five-year-old child with no caregiver at home.
Justice Chandrasekharan Sudha made it clear early in the hearing that arguments on merits were no longer relevant at the sentencing stage. The court focused strictly on the nature of punishment.
The bench noted that the offence fell under the amended provisions of Section 376 IPC, which prescribe a minimum sentence of seven years. Referring to Supreme Court precedents, the court reiterated that, “where a statute provides a minimum sentence, courts cannot impose a lesser punishment under any circumstance.”
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The court also examined the conduct of the convict. It observed that she had played an “active and deliberate role” in facilitating the crime and had remained present during its commission. Further, her involvement in multiple other criminal cases weighed heavily against her.
“The conduct of the convict does not indicate reformation,” the court observed, pointing to subsequent cases registered against her, including serious offences.
The bench also stressed that sentencing must reflect not just individual circumstances but also the broader impact on society. It remarked that undue sympathy in serious offences undermines public confidence in the justice system.
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After considering all factors, the court imposed the following sentences:
- 10 years rigorous imprisonment under Section 109 read with Section 376 IPC, along with a fine of ₹50,000
- 5 years rigorous imprisonment under Section 366 IPC with a fine of ₹20,000
- 1 year rigorous imprisonment under Section 506 (Part II) IPC
- 3 months simple imprisonment under Section 323 IPC
All sentences will run concurrently. The court also granted the benefit of set-off for the period already spent in custody.
Additionally, the court directed that ₹50,000 from the fine amount be paid to the victim as compensation. It further recommended that the Delhi State Legal Services Authority assess and grant additional compensation under the law.
Case Details
Case Title: State (NCT of Delhi) vs Sweety
Case Number: CRL.A. 1078/2018
Court: High Court of Delhi at New Delhi
Judge: Hon’ble Ms. Justice Chandrasekharan Sudha
Decision Date: 25 March 2026
