New Delhi: Shocked by the repeated rape of a mentally retarded woman, the Supreme Court has suggested to Parliament to amend the Indian Penal Code (IPC) to award higher sentence to those sexually assaulting women taking advantage of their mental non-development.

This ruling was given by a Bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat on October 27 while dismissing the appeal of one Tulsidas Kanolkar sentenced to 10 years imprisonment for repeatedly raping a woman whose mental age was one-third of her actual age.

The Bench noted that IPC provided for higher sentences in case the physical age of the rape victim was below 12 years.

"But what happens in a case when the mental age of the victim is not even 12 years of age?" the Bench asked and said, "Such a woman is definitely at a more vulnerable situation."

A rapist in such a case in addition to the physical ravishment, exploits the mental non-development and helplessness, it said.

"The legislature would do well in prescribing higher minimum sentence in a case of this nature. The gravity of offence in such a case is more serious than the enumerated categories indicated in sub- section (2) of Section 376 of IPC," Justice Pasayat, writing for the Bench, said.

PTI