There could be little doubt that rape is not only violation of one's right to control over her body but also an inhuman practice of primitive society which is still being as a tool to show women her place in society, in family everywhere. Rape is the manifestation of the common belief that women can and should be "taken by force". Rape is much more than the sexual violence committed upon the body of a female. Rape starts the unending process of physical and mental suffering for a women. It can damage her psyche so badly that it may lead to suicide.Moreover, when a rape is committed upon a female it is the possibility of her conception that brings social stigma to the victim and points finger at her as if she is the criminal rather than a victim.(1)

hence, rape can be said to be that physical assult or exploitation in which the victim suffers not only at the time of commission of the crime but long after that, continuously both physically as well as mentally.

But the question is the present punishment as awarded by the relevant laws insufficient and awarding of death punishment is the best and only option to the increasing no.of rape particular upon the young childrens.The trial of " Danonjaya Chatterjee" last year set this question which our court are trying to answer. Recently a district and sessions court of Morigaon district in Assam awarded a 21-year-old boy death sentence on June 7 for rape and murder of an eight-year-old girl in March this year.Few days ago, another sessions court in Agartala awarded a similar sentence to a person convicted of rape and murder of a minor.(2)

Punishment for rape is provided under Section 376 of I.P.C. The punishment awardable is different depending upon the age, marital status and degree and nature of offence; marital rape, gang rape, custodial rape etc. It is also important to note here that it was the amendment made in 1983 to I.PC. which specified minimum punishment. In case of Rape of a woman who is under twelve years of age Sec.376 Subsection 2- f gives Punishment of Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine.

Though, this punishment is definitely inadequate to have the deterrent effect but awarding of death sentence does not seems to be the answer. It may also trigger off the killing of rape victims in order to erase possibility of getting caught and punished. The increase of punishment even to death punishment does not bring any decrease in rate of any crime be it any one. We have death punishment for murder, has it reduced or stopped the crime of murder from being committed?...NO.

Finally, it is the early disposal of rape cases and victim friendly manner of conducting rape trials which can be helpful in bring deterrent effect.

On the basis of above discussion, the example set by Guwahati Court though a good lesson for criminal, should not be followed as a rule for awarding death sentence in cases of rape.

 http://www.india.indymedia.org/en/2005/05/210526.shtml

 http://timesofindia.indiatimes.com/articleshow/1135275.cms