Bombay HC Reduce Rape Convict's Life Term, Cites Essay On Mahatma Gandhi

Bombay HC Reduce Rape Convict's Life Term, Cites Essay On Mahatma Gandhi

The Bombay High Court has cut down the life sentence of a man convicted of raping a minor girl to 12 years, noting that he was young at the time of the offence and has already spent a long period behind bars.

The Court also took into account his efforts to reform in prison, including his participation in an essay programme on the thoughts of Mahatma Gandhi.

In an order dated February 2, a copy of which was made available on Tuesday, a Bench of Justices Sarang Kotwal and Sandesh Patil upheld the man’s conviction in the 2016 case but observed that the life sentence imposed on him warranted reduction.

The direction came while hearing an appeal filed by the convict challenging the life term awarded by a special POCSO court.

The court noted that the convict was 20 years old at the time of the offence and had no prior criminal record. It also observed that he has been in custody since December 2016 and was not granted release even during the COVID-19 pandemic.

The bench also took note of certificates reflecting his involvement in educational activities in prison, including participation in an essay competition and a programme focused on the thoughts of Mahatma Gandhi.

“In our opinion, the sentence of 12 years would meet the ends of justice.”

It further clarified that the period already undergone by the convict in custody would be set off against the reduced sentence.

According to the prosecution, on December 9, 2016, the five-year-old victim had gone to a neighbour’s house to fetch water when the accused allegedly sexually assaulted her.

The frightened child immediately told her family about the incident. They confronted the accused and later approached the police to lodge a complaint. The victim went on to testify before the trial court when she was eight years old.

The High Court found the minor’s testimony to be reliable and consistent, observing that she had described the incident clearly and without any signs of tutoring.

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