Mumbai, Feb 10: The Bombay High Court has reduced a life sentence imposed on a man convicted of raping a five-year-old girl to 12 years’ rigorous imprisonment, while upholding his conviction, citing his young age at the time of the offence, long incarceration, and reformative efforts in prison — including participation in an essay programme on Mahatma Gandhi.
High Court ruling
A bench of Justices Sarang Kotwal and Sandesh Patil partly allowed the appeal filed by the accused, who was 20 years old at the time of the offence, challenging the life sentence awarded by the special POCSO court. The order was passed on February 2, but the detailed order copy was made available on Monday late night.
Trial court conviction
On December 7, 2020, the special court convicted him of rape and aggravated penetrative sexual assault under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
Prosecution case
The prosecution case was that on December 9, 2016, the victim — then five years old — went to a neighbour’s house to fetch water, where the accused sexually assaulted her. The frightened child immediately informed her mother, who confronted the accused before the family approached the police. The victim later testified in court at the age of eight.
Testimony upheld
The HC found her testimony reliable and consistent. It noted that she had narrated the incident clearly and without tutoring. “Taking into consideration the evidence of the witnesses, it is very unlikely that a small girl of five years would have any grudge against the accused, or would concoct a false story of this nature,” the bench observed.
Defence arguments rejected
The defence pointed to alleged inconsistencies regarding the timing of the registration of the FIR and argued that key witnesses — including panch witnesses and the doctor — were not examined. However, the court held that these aspects did not undermine the core prosecution case, concluding that the offences under Section 376 of the IPC and Section 6 of the POCSO Act were proved beyond reasonable doubt.
Sentencing considerations
While affirming the conviction, the bench examined the question of sentencing. It recorded that the accused was 20 years old at the time of the offence, had no prior criminal record, and had been in custody since December 2016, and was not released even during the Covid-19 pandemic.
“The accused was only 20 years of age at the time when the offence had taken place. The accused was not released on bail even during Covid-19. He is continuously in custody since the date of his arrest from December 2016, i.e. for more than nine years. There are no criminal antecedents against the accused,” the bench said.
The court also considered certificates showing his participation in prison educational activities, including an essay competition and a programme studying the thoughts of Mahatma Gandhi. “... various certificates issued by the various authorities (have been produced), where the appellant had appeared for examination ... We are therefore inclined to reduce the sentence of the accused…,” the bench added.
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Sentence reduced
Taking into account these reformative factors against the seriousness of the crime, the bench held, “In our opinion, the sentence of twelve years would meet the ends of justice.” The court upheld the Rs 25,000 compensation awarded to the victim and granted set-off for time already spent in custody.
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