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duty of the court having regard the nature of the offence and the
manner in which it was executed and committed. It is to be decided
considering the facts and circumstances of the case the factors and
the circumstances in which the crime had been committed. There is
no full proof formula that would provide a reasonable criteria in
determining a just and appropriate punishment in the infinite variety
of circumstances that may affect the gravity of the crime. The object
of the court should be to protect the society and to deter the criminal
in achieving the avowed object of law by imposing appropriate
sentence. The social impact of crime against women have great
impact on social order and public interest cannot be lost sight of and
per se require exemplary treatment. Any liberal attitude by imposing
meager sentences or taking sympathetic view will be against social
interest. Thus this court has not only to keep in view the rights of the
offender but also the rights of the victim of the crime and the society
at large while considering the imposition of sentence.
In this instant case the convict Animesh Boxi @ Ani Boxi @ Ani
Bokshi by uploading the nude pictures and videos of the victim of this
case in the virtual world is not only restricted to India but is available
all over the world and everyday virtual rape is committed against the
victim of this case when someone sees the video in the virtual world.
Even for sake the contents are removed from the virtual world but
what will happen if anybody had already downloaded those and again
it will spread in the virtual world and it will never end and virtual rape
will be committed against the victim till the last day of her life. The
convict Animesh Boxi @ Ani Boxi @ Ani Bokshi who is a student of
Engineering College knows about the consequences of it very well.
The type of crime as committed by the convict this court thinks that
the sentence will run as per section 31 of Cr. PC. as regarding this the
court followed the judgment (2015) 2 Supreme Court Cases 501.
Women should be treated with utmost respect and if the court starts
liberal approach towards such offences then the society at large will
be at sake. Thus inadequate sentence can do harm to the society. This
court also holds that the victim is entitled to get compension under
the victim compensation scheme.
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