'Original punishment was harsh, excessive': Court reduces infant rapist's sentence
What's the story
In a recent decision, the Nagpur bench of the Bombay High Court has commuted a life sentence of a man convicted under the Protection of Children from Sexual Offences (POCSO) Act.
His original punishment was "harsh and excessive," said the court, sentencing him to 10 years in prison instead.
The ruling came on an appeal against his life sentence, awarded in 2013 for raping a one-and-a-half-year-old girl.
Case details
The incident and its aftermath
The crime happened when the accused barged into the child's house when there was no male head of the family present.
He was caught sexually assaulting the baby by her mother, who returned with neighbors after initially protesting his presence.
The attacker also tried to assault her but ran away when she screamed for help.
He was convicted under the POCSO Act for the assault on the child, which seeks to protect children from sexual offenses.
Evidence review
High court upholds prosecution's case
Dismissing the defense lawyer's argument that it was not proved that there was a penetrative sexual assault, the court upheld the prosecution's case.
The Nagpur bench said, "On careful scrutiny of the prosecution evidence, we are of the view that the prosecution has proved its case beyond reasonable doubt."
It also rejected arguments that the medical officer's testimony on the child's injuries was only corroborative and not substantive evidence.
Sentence justification
Court's rationale for reduced sentence
While the high court upheld the conviction, it reduced the sentence to 10 years of rigorous imprisonment, considering it sufficient.
"We find that the sentence imposed on the appellant is harsh and excessive," the bench said.
"In the facts of the present case, we are of the opinion that a sentence of 10 years rigorous imprisonment would meet the ends of justice," it concluded.