Bombay High Court reduces life term of rape convict to 12 years, cites his age at time of crime, essay on Gandhiji

Mumbai: The Bombay High Court has reduced the life sentence of a man, convicted for raping a minor girl, to 12 years, taking note of his young age, 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, in its February 2 order, a copy of which was made available on Tuesday, upheld the conviction of the man in the 2016 offence, but noted the life sentence imposed on him deserves to be reduced.

The bench passed the order on an appeal filed by the convict, challenging the life sentence imposed on him by a special Pocso court.

The convict was 20 years old at the time of the offence, had no prior criminal record, had been in custody since December 2016, and was not released even during the COVID-19 pandemic, the court noted.

The bench 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 against the seriousness of the crime, the bench held, "In our opinion, the sentence of 12 years would meet the ends of justice." The period which the convict has already spent in jail will be set off against the reduced sentence, it added.

The prosecution case was that on December 9, 2016, the victim - then aged five - went to a neighbour's house to fetch water, where the accused sexually assaulted her.

The frightened child immediately informed about the incident to her mother, who confronted the accused before the family approached the police with a complaint. The victim later testified in the trial court at the age of eight.

The HC found the minor girl's testimony reliable and consistent, noting she had narrated the incident clearly and without tutoring.