By Admin 
In India, there has been a demand for strict laws and punishment for heinous crimes like rape for a long time, which is still continuing. Whereas the punishment for rape of a minor is rigorous imprisonment of at least 20 years, which can be extended to life imprisonment or death penalty, but a recent decision of the Bombay High Court has given a surprising verdict.
Bombay HC has reduced the life sentence of a youth convicted of raping a 5-year-old girl in 2016 to 12 years. The court, in its order dated February 2, upheld the conviction and announced reduction in the sentence. This decision was given by the bench of Justice Sarang Kotwal and Justice Sandesh Patil on the appeal of the accused.
On what basis did the court reduce the punishment?
The High Court said that at the time of the crime the accused was 20 years old and had no criminal history. He has been in jail continuously since December 2016 and was not released even during the Covid-19 pandemic. These circumstances were considered important while deciding the punishment.
According to the court, his reformative efforts in jail were also taken into consideration. Certificates produced on record revealed that he participated in educational activities in jail, including essay competitions on Mahatma Gandhi and study programs on his thoughts. According to PTI, the bench said that these corrective aspects cannot be ignored.
Possibilities of improvement should also be given importance – Court
The bench said that the crime is serious, but the possibilities of reform should also be given importance. The court said in its order that a sentence of 12 years would serve the ends of justice. It was also clarified that the period spent by the accused in jail so far will be adjusted in the reduced sentence.
According to the prosecution, on December 9, 2016, the 5-year-old victim had gone to a neighbor’s house to fetch water, where the accused sexually assaulted her. The scared girl immediately narrated the incident to her mother, after which the family lodged a police complaint. During the trial, the victim at the age of eight testified in the court.
The High Court found that the testimony of the minor was credible. The court said that the girl described the incident clearly and without any teaching, due to which her words were believed. On this basis the conviction was upheld, while partial relief was given in the sentence.