Study of Gandhi’s thoughts, essay competition: Why Bombay HC reduced Pocso convict’s life term to 12 years

As per the prosecution, the then 20-year-old man sexually assaulted a 4-year-old girl, his neighbour’s daughter, in December, 2016. The special court in 2020 convicted him, observing that the survivor’s evidence was reliable and that the defence could not refute it. The man approached the high court, challenging the trial court’s verdict.

A bench of Justices Sarang V Kotwal and Sandesh D Patil, after perusing the evidence and submissions, affirmed the trial court judgement that he had committed an offence under section 376 (rape) of Indian Penal Code (IPC) and under section 6 of Pocso Act.

The high court, however, noted that the accused was “only 20 years, at the time, when the offence had taken place”, and the same was reflected in the FIR.

“It is also important to note that the accused was not released on bail, even during Covid-19. He is (has been) continuously in custody since the date of his arrest from (in) December 2016, i.e. for more than nine years. There are no criminal antecedents against the accused,” the bench observed.

Advocate O P Lalwani, for the appellant, seeking a reduction in the jail term, produced certificates issued by various authorities showing that his client had appeared for exams. One such certificate was issued by Tilak Maharashtra Vidyapeeth, Pune, certifying that the accused had participated in the programme for ‘analysis of the books’.

Another certificate was issued by Ramchandra Pratishthan, Mumbai, certifying that he had participated in ‘essay competition’ and Mumbai Sarvodaya Mandal issued a third certificate for studying the thoughts of Gandhi, where he had successfully participated and passed the examination.

Sentence exceeding the minimum of 10 years for the crime

“All these factors considered cumulatively would make us show some leniency towards him for the sentencing part. We are therefore inclined to reduce the sentence of the accused,” the high court noted.

The high court, however, added that “considering the gravity of the offence”, it was imposing a sentence exceeding the minimum of 10 years for the crime.

“In our opinion, the sentence of twelve years would meet the ends of justice,” it held.

The high court also maintained the special court’s direction to the appellant to pay Rs 25,000 compensation under Section 33(8) of the Pocso Act and noted that the period of detention already undergone by the appellant during the pendency of the trial will be set off.