A rape convict’s life sentence was reduced on Saturday by the Madhya Pradesh High Court after it was noticed that despite committing a heinous crime, the defendant was “gentle enough” to spare the child’s life.
The life sentence of the defendant was reduced to 20 years by the High Court’s Indore bench of Justice Subodh Abhyankar and Justice SK Singh.
The court stated, “In such circumstances, this court does not find any error in appreciation of evidence by the trial court and considering the demonic act of the appellant, who appears to have no respect for the dignity of a woman and has the propensity to commit sexual offences even with a girl child aged four years, this court does not find it to be a fit case where the sentence can be reduced to the sentence already undergone by him.”
“However, considering the fact that he was kind enough to leave the prosecutrix alive, this court is of the opinion that life imprisonment can be reduced to 20 years rigorous imprisonment,” it added.
“Accordingly, the criminal appeal is partly allowed and the appellant will be made to suffer the period of 20 years in accordance with the law,” it added.
The convict had filed an appeal against his conviction by the Additional Sessions Judge, Indore, after he was sentenced to life for sexually assaulting the victim who was under 12 years of age.
The appellant-convict in this case formerly resided close to the survivor’s cabin in a tent.
According to the prosecution, the girl followed her grandmother as she went to attend to her personal needs.
On the premise of handing the victim a rupee, it was claimed that the appellant called the victim into his tent. The grandmother then made an attempt to call for assistance after hearing the girl’s cries. When the girl’s father heard his daughter crying coming from the appellant’s tent, he came out.
He discovered the appellant was naked and his daughter bleeding on the ground when he entered the tent. As soon as the appellant noticed the survivor’s father, he immediately left the area.
When the youngster was taken to the hospital for examination, the doctor also confirmed that the kid had been raped. The girl had told her father about the entire episode.
According to Section 3(1)12 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) and Section 3 of the Indian Penal Code, an accusation of rape against the appellant was filed.
