Supreme Court finds convict as juvenile in 30-year-old rape case; reduces 7-year jail to 9 months served

New Delhi: The Supreme Court has sentenced a man to nine months jail term already served by him in a rape case, upon finding that he was a juvenile at the time of the incident 30 years ago.

A bench of Justices Vikram Nath and Prasanna B Varale maintained the conviction but let the appellant free by sentencing him to the period served.

Advocate Dushyant Parashar, appearing for the appellant, submitted the court must take a lenient view in the matter as the incident is of the year 1994, almost 30 years ago. In the meantime, the appellant and the survivor have moved on in life, and they are married and have children, who are of marriageable age now, he said.

"Considering the facts and circumstances of the case as also the period which has already passed from the date of the incident, i.e. 30 years, while confirming the conviction, we reduce the sentence of the appellant from seven years to the period already undergone. Any fine amount imposed upon the appellant would be paid by him," the bench said in its order on November 26.

Santosh Kumar Vishwakarma assailed the Madhya Pradesh High Court's judgment of April 27, 2023, holding him guilty in the matter.

He claimed juvenility by filing an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, for declaring him as minor on the date of alleged occurrence.

On the application, a direction was issued to the trial court to make an inquiry and submit its report.

The court noted after due inquiry, the report has been received. According to the report, the appellant was less than 16 years of age on the date of the incident. There is no objection to the said report of the trial court.

In the inquiry conducted by the trial court, the bench said, there was participation of the State, the complainant and the prosecutrix along with that of the accused and their statements were also recorded.