Supreme Court expresses shock at trial court in Gujarat imposing only 3 years' sentence for rape

The court also pointed out the anomaly in the sentence to Advocate Swati Swati Ghildiyal, the standing counsel of the State of Gujarat; she agreed that it was a 'serious error', which being on the part of the trial court. But she was also at a loss on how to remedy the situation, when the State has not filed any appeal against the High Court's judgment.

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The Supreme Court in the case observed and has expressed its surprise at noting that a trial court awarded only a punishment of three years' imprisonment for the offence of rape under Section 376 of the Indian Penal Code, IPC, although the minimum punishment prescribed for the offence was seven years' imprisonment (before the 2013 amendment).

The court in the case was also aghast to note that the Gujarat High Court did not take notice of the fact wherein rejecting the appeal of convict against the conviction and the state's appeal to enhance the sentence.