Delhi High Court Reduces Rape Convict's Sentence from 30 to 20 Years

Judicial Decision on Sentence Reduction

The Delhi High Court has decided to reduce the prison term of a convicted rapist from 30 years to 20 years. Justice Amit Sharma, in an order issued on July 11, noted that the lower court had sentenced the petitioner under sections 376(2)(i) and (n) of the Indian Penal Code (IPC), emphasizing the heinous nature of the crime as justification for the original sentence.

The court acknowledged the severity of the crime committed by the petitioner. However, it also took into account that the convict had been working as a cleaner in prison and exhibited satisfactory behavior, leading to the modification of his sentence.

The court highlighted that the convict has been in custody since his arrest on April 6, 2015. The ruling maintained the sentences under IPC sections 376(2)(i) (rape of a woman under 16 years) and (n) (repeated rape of the same woman), along with sections 450 (trespassing) and 506 (criminal intimidation), as well as sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act for introductory sexual assault.

Nevertheless, the court acquitted him of the charge of sexual harassment. The petitioner had appealed against the lower court's 2013 ruling after being convicted for the crime against a 12-year-old girl. The minor and her mother had approached the police on April 4, 2015.

They alleged that their neighbor had repeatedly raped the minor. The case came to light when the girl complained of abdominal pain, prompting her mother to take her to a doctor. The examination revealed that the minor was pregnant, and doctors advised a termination of the pregnancy.

Subsequently, DNA samples were collected and sent to a forensic laboratory for analysis. The convicted individual claimed inconsistencies in the girl's testimony, rendering it unreliable.