Bombay High Court Reduces Life Sentence of Rape Convict to 12 Years, Notes Young Age at Time of Offence and Participation in Gandhiji Essay Programme
The Bombay High Court has reduced the life sentence of a man convicted of raping a five-year-old girl to 12 years of imprisonment. While the Court upheld his conviction in the 2016 case, it decided that the punishment could be reduced after considering certain reformative factors.
A Division Bench of the Bombay High Court comprising Justices Sarang Kotwal and Sandesh Patil passed the order on February 2. The decision came in response to an appeal filed by the convict against the life sentence imposed by a Special POCSO Court.
The Court noted that the accused was 20 years old at the time of the offence and had no previous criminal record. He has been in jail since December 2016 and was not granted release even during the COVID-19 pandemic.
Importantly, the Bench took into account his conduct in prison. Certificates placed before the Court showed that he had participated in educational programmes inside jail. These included taking part in an essay competition and attending a programme focused on the teachings and philosophy of Mahatma Gandhi.
After balancing these reformative efforts with the seriousness of the crime, the Court observed that a 12-year sentence would meet the ends of justice. The time already spent in custody will be adjusted against this reduced sentence.
According to the prosecution, the incident took place on December 9, 2016. The victim, who was five years old at the time, had gone to a neighbour’s house to fetch water. It was there that the accused allegedly assaulted her.
The child immediately informed her mother about the incident. The family then confronted the accused and later filed a police complaint. During the trial, the girl testified in court when she was eight years old.
The High Court found her testimony trustworthy and consistent. It noted that she clearly described the incident and there was no sign of tutoring or influence. On this basis, the Court upheld the conviction while reducing the sentence.
