"One Has To See The Reformative Part Along With Retribution": SC While Reducing Life Sentence Of Man Accused Of Raping 4.5 Year Old

The Supreme Court has reduced the life sentence of a man accused of sexually harassing a 4.5-year-old girl in March 2013. The Court has modified the sentence to 13 years as against the life imprisonment awarded to the appellant.

The Bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma said, "While dealing with a criminal case, one has to see the reformative part along with the retribution."

The Court noted that the appellant was convicted for offences punishable under Sections 376(2)(i), 363, and 366 of the Indian Penal Code (IPC), and accordingly, he was sentenced for life without any remission. Further noting that, unfortunately, even after passing over the case, there is no representation for the respondent, the Court proceeded with the matter on merit. 

The Counsel for the appellant submitted that he was very young at the time of occurrence, somewhere between 18 and 20 years. The Counsel contended that, now that he has undergone 12 years of incarceration, his conduct in the prison is also good. For the aforesaid purpose, the Counsel relied upon the report called from the prison authorities by the Court.

On perusal of the report by the jail authorities, the Court said, "The report indicates that the appellant’s conduct during the period of incarceration is satisfactory."

"Considering the aforesaid facts, we are of the view that no useful purpose would be served by keeping the appellant in the continued incarceration, especially when he has already undergone more than 12 years of sentence. In such view of the matter, we are inclined to modify the sentence to 13 years as against the life imprisonment awarded. Accordingly, the appeal is allowed in part," the Court said in its Order dated July 23. 

Pertinently, on July 20, 2019, the Rajasthan High Court had upheld the Trial Court Order dated June 9, 2014, by which it sentenced and convicted the present appellant for the offences under Sections 363, 366, and 376 (2)(h) IPC and Section 5(m)/6 of the POCSO Act.

The Division Bench of High Court had observed, "As the victim herein is a small innocent child and since she has categorically identified the accused as being her assailant and as her statement gets thoroughly corroborated by the medical evidence noticed above, we are of the firm opinion that the trial court was absolutely justified in convicting and sentencing the appellant as above by the impugned judgment dated 09.06.2014. The judgment of the trial court does not suffer from any infirmity factual or legal warranting interference therein. Hence, the appeal of the appellant is dismissed as being devoid of merit."

"The testimony of the victim is the best evidence to prove the offence of sexual assault against the accused-appellant." the High Court had said. 

Cause Title: Sunil Kumar v. State of Rajasthan [Crl.A. No. 3063/2024, SLP (Crl) No. 698/2021]

Appearance:-

Appellant: AOR K. Sarada Devi, Advocates Kaveri Kalyana Ram, V. Krishna Swaroop

Respondent: Advocate Chetanya Singh, AOR Milind Kumar 

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