"The prime object of the Criminal Law is the protection of the public by the
maintenance of law and order always remembering of course, that the convicted
person despite his wrongdoing remains a member of the community. This is the
predominant judicial view. .But the time has certainly come for the Court to put
down offences such as rape with a heavy hand by imposing exemplary sentences.
Adults who engage in acts of raping innocent children has become a growing
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menace and a cause for alarm, and indeed society is very alarmed because it has
become a daily occurrence.
Nothing is more effective to stamp .out crime than a long term of imprisonment.
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This may sound harsh but we have to remember the scores of ordinary people who
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last year and so far this year were the victims of rape. They and their like must be
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protected. And, in these circumstanc e s, Ido not neetl being told how awful it is
that a comparatively young mo' shp'uld be 1sput up for1 a very long time. But do I
have an option, I think no.
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Insofar as the p r,otection of society especially the
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young and innocent of our society is upper most in my considerations, Ido not.''
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(pp. 67-68 of the R co;d).
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In the Court of Appeal,''Counsel· fothe Appellant under Ground 5 in the her "Brief of
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Arguments't'lcontended at page. • 110 of,the Record that-
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"•1ifhe Lear:l}ed trial j dge erred when he passed the maximum sentence of life
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impris9nment q1•the f,\ppellant".
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IIIIIJI Ev .n1,though Grounld 5 alleges an error on the part of the trial judge, without specifying
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, the natureiof1the error, the submissions of Counsel thereunder do not reveal any error but
point•to what Counsel regards as a "very harsh and excessive" sentence resulting from the
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trial judge's failure to consider the fact that the Appellant was a young man and a first
offender.
SC NO. 212012- NFA."v1;tft{A SAIDYKHAN VS THE STATE-
7TH
MAY 2015
,_ Page
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