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The irony of the present day is, that, the more human rights jurisprudence seems to be fortified, the more there are human rights violations in newer and newer forms and some recidivism all due to the conflicting deductions of protecting even human rights of offenders. No doubt offenders deserve their rights to be protected, but in cases of serious offenses such as ‘rape’ where the offence is proved beyond all reasonable doubt against the offender and where the offender consciously commits the act while being aware of the justice system in his particular country and prefers to cross the precincts of the law, the question of a lighter punishment vis-a vis the gravity of the offence is a big question.