Sentence/Sentencing – Modification of sentence – Allegation that petitioner-convict took 7 year old girl to a temple and raped her – Trial Court convicted petitioner u/s. 376 AB – Though, the petitioner was also convicted u/s. 376 (2) (i) and u/ss. 3/4, s. 5(d)/6 of the POCSO Act taking note of his conviction u/s. 376 AB, IPC, no separate sentences were awarded for the aforesaid offences by the trial Court – The High Court commuted it to imprisonment for life – Propriety: Held: The evidence would reveal that unmindful of the holiness of the place petitioner disrobed victim and himself and raped her – When such an act was done by the petitioner, who was then aged
40 years and X who was then aged only 7 years and the evidence that when PW-2 and PW-14 reached the place of occurrence, blood was found oozing from the private parts of the disrobed child – The High Court had rightly considered the aggravating and mitigating circumstances while commuting the capital sentence into life imprisonment which going by the provisions u/s. 376 AB, IPC means rest of the convict’s natural life – For effecting such commutation, the High Court also considered the question whether there is possibility for reformation and rehabilitation of the petitioner and opined that it is not a case in which the alternative punishment would not be sufficient in the facts of the case – But then, it is noted that if the victim is religious every visit to any temple may hark back to her the unfortunate, barbaric action to which she was subjected to – So also, the incident may haunt her and adversely impact in her future married life – On consideration of all such aspects, a fixed term of sentence of 30 years, which shall include the period already undergone, must be the modified sentence of imprisonment – The convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim which is quantified as Rupees One Lakh and the same shall be paid to the victim with respect to the conviction u/s. 363, IPC. [Paras 15, 16, 17]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.