Dichen Bhutia, West Bengal National University of Juridical Sciences
ABSTRACT
In this paper the researcher mainly try to elaborate upon the issue of the lack of structured sentencing guidelines in India which is a significant vacuum in the Indian Legal system. The sentencing pattern in the common law jurisdiction like India empowers the wide discretion upon the cou rts to determine the sentences for the accused person. The issues of unwarranted disparity in the sentencing are common phenomena in India. In some cases the sentences depending upon the aggravating factors is too high and in some relying on the irrelevant mitigating factors is often being too lineal. The Judge while delivering the sentence on Rape is influenced by patriarchal, stereotypical and misogynist attitude towards the rape victim. Therefore this research mainly focuses on addressing the major lacunas in the Indian Rape Law adjudication especially with regard to the issue that are often bring left out in any rape law reform and als o try to find a ways in addressing the same.
