The Supreme Court recently upheld the conviction of a man for raping a seven-year-old girl in a temple In Madhya Pradesh in 2018 and sentence him to 30 years imprisonment. The court noted that his action was barbaric.
A bench of Justice C T Ravikumar and Justice Rajesh Bindal took into account the present age of the petitioner and the fact that he has already undergone incarceration. Modifying his sentence the court also imposed a fine of Rs 1 lakh on the convict. The bench observed that the incident might haunt the victim every time she visits a temple.
The victim’s grandmother filed a FIR against the 40-year-old man for kidnapping and raping the minor. The convict took the victim to a temple and raped ber. After finding the 40-year-old guilty, trial court awarded him the capital punishment under Section 376 AB (rape on woman under 12 years of age) of the Indian Penal Code. In addition, the Madhya Pradesh High Court commuted the same to life imprisonment for the remainder of the convict’s natural life.
Considering all the aspects, the bench fixed the term of sentence to 30 years, which shall include the period already undergone. The Supreme Court further mentioned that the High Court had lost sight of the fact that despite conviction under Section 376 (2) (i) and sections of POCSO Act, no separate sentences were imposed on the man for the offence under the POCSO Act by the trial court, as the capital sentence was imposed on him.
The bench noted that in terms of provisions under Section 376 AB, IPC, when a sentence of imprisonment for a term is not less than 20 years, which may also extend up to life imprisonment, the convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim which the court quantify as Rs 1 lakh and the same shall be paid to the victim.
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