Mumbai: The Bombay High Court (HC) has reduced the life sentence imposed on a man convicted of raping a five-year-old girl to 12 years’ rigorous imprisonment. The court cited 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.
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 offence. The life term was pronounced by the court under the Protection of Children from Sexual Offences (POCSO) Act on December 7, 2020, He was convicted of rape and aggravated penetrative sexual assault. . The HC’s order was passed on February 2, but the detailed order copy was made available on Monday late night.
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 informed her mother, who confronted the accused before the family approached the police. The victim later testified in court at the age of eight in 2019. 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 girl aged five would have any grudge against the accused, or would concoct a false story of this nature,” the bench observed. The defence pointed to alleged inconsistencies regarding the timing of the FIR and argued that key witnesses – including panch witnesses and the doctor –were not examined.
However, the court held these aspects did not undermine the core prosecution case, concluding that the offences under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act were proved beyond reasonable doubt. Examining the life term, the bench noted that the accused had no prior criminal record, and had been in custody since December 2016; not released even during the Covid pandemic. 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.
Taking into account these reformative factors, the bench held, “In our opinion, the sentence of twelve years would meet the ends of justice.” The court upheld the Rs25,000 compensation awarded to the victim and granted set-off for time already spent in custody.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
