SC reduces punishment for rape convict citing reform possibility

The Supreme Court on Monday reduced the sentence of a man convicted in a 2016 rape case from life imprisonment to 20 years in jail with benefit of remission, saying there was a possibility of reformation as the offence was committed when he was 25.

A bench of Justices Sanjay Karol and Augustine George Masih noted that the man had no criminal antecedents and has maintained a good conduct in jail.

“In the present case, the appellant convict has no criminal antecedents; was of only 25 years when the offence was committed; given the young age, there is a possibility of reformation.

“The State has neither brought on record anything to show that the same would not be possible, nor has it contravened the statement made on behalf of the appellant that in the nearly ten years (including remission) that he has been convicted, he has maintained a good conduct,” the bench said.

The trial court had sentenced the man to rigorous imprisonment for the remainder of his natural life and also directed him to pay a fine of `25,000 to the victim. This decision was upheld by the Delhi High Court.

In this case, a call was received at I P Estate police station, New Delhi, alleging that two accused persons had committed rape on the victim. The victim, at night-time took a rickshaw from the Delhi railway station on the assurance that the driver would drop her off at her home but instead of doing so, he took her to a deserted place where another person was already present and they proceeded to commit the offence of rape. An FIR was registered on September 7, 2016.

The top court said it cannot lose sight of the fact that the offence is heinous and is not only against the victim but against the society at large.

“Despite much evolution, sociologically and psychologically, to break away from the chains of patriarchal thought, incidents such as these are only continuing unabashedly.

“Various amendments have been brought in over the years in the law, and while they may have had a positive impact to some extent, the urgency to root out such offences cannot be simmered down even for a bit till these incidents are recorded only in history and are viewed with collective disdain,” the bench said.

It also quoted Justice K Ramaswamy who said, “By deft modulation of sentencing process be stern where it should be, and tempered with mercy where it warrants to be.”

The apex court said the offence under which the convict has been sentenced, Section 376D IPC, was substituted by way of the 2013 Criminal Law Amendment, which was brought in the aftermath of the horrifying Nirbhaya incident that took place on the streets of the capital.

“Considering the principles discussed above and applying them to the factors accruing in favour of the appellant - convict noted earlier, we deem it appropriate to modify the sentence to 20 years with benefit of remission, if any,” the bench said.