Mumbai Court Reduces Rape Sentence, Citing Convict's Essay on Gandhi and Principles of Reform.

The Bombay High Court has reduced the life sentence of a man convicted of rape to 12 years, citing his age at the time of the crime, his time already served, and his reformative efforts in prison, including writing an essay on Mahatma Gandhi. Justices Sarang Kotwal and Sandesh Patil delivered the order on February 2, with the detailed copy made available on Tuesday.

The case involves a man convicted in 2020 by a special POCSO (Protection of Children from Sexual Offences) court for the rape of a five-year-old girl in 2016. The prosecution argued that on December 9, 2016, the victim went to the neighbor's house to get water when the accused sexually assaulted her. The child immediately told her mother, who confronted the accused before the family went to the police. The victim, who was eight years old at the time, testified in court. The High Court found her testimony reliable.

The court upheld the conviction under the POCSO Act, but considered the man's circumstances. At the time of the offense, the convict was 20 years old and had no prior criminal record. He had been in custody since December 2016 and was not released during the COVID-19 pandemic. The court also took into account certificates showing his participation in prison educational activities, including an essay competition and a program studying the thoughts of Mahatma Gandhi. The bench stated that they were inclined to reduce the sentence.

The High Court acknowledged the severity of the offense but also recognized the convict's efforts toward rehabilitation. These efforts included educational pursuits while incarcerated and, notably, his engagement with the teachings of Mahatma Gandhi. The court considered the man's reformative conduct in prison.

The decision highlights the court's consideration of both the gravity of the crime and the possibility of reformation in sentencing. While upholding the conviction to emphasize the seriousness of the offense, the court also acknowledged the convict's young age at the time of the crime, his time served, and his steps toward rehabilitation. The reduction of the life sentence to 12 years reflects a balanced approach, considering both justice for the victim and the potential for the convict to reintegrate into society after serving his term. The court also fully upheld the victim compensation.

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