Monday, December 5, 2022

Madhya Pradesh HC reduces life sentence of rape convict for leaving 4-yr-old survivor alive

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The Madhya Pradesh High Court has decided to reduce the life sentence awarded to a rape convict to rigorous imprisonment of 20 years, after noting the fact that he let the four-year-old survivor alive, after committing the gruesome act. 

The Indore Bench of Justice Subodh Abhyankar and Justice Satyendra Kumar Singh partially permitted the appeal made by appellant Ramu alias Ramsingh against the verdict passed by the Additional Sessions Judge, Indore, which had convicted him for raping a girl under 12 years of age.

As per the prosecution, the appellant-convict used to live in a tent near the hut of the survivor. When the grandmother of the girl went to answer nature’s call, she also went behind her.

The appellant allegedly called the girl into his tent on the pretext of giving her a rupee. After some time, the grandmother heard the cries of the girl and called for help. 

When the girl’s father entered the tent, he saw her lying on the ground bleeding and the appellant naked. The convict ran away from the spot after seeing the father of the girl.

The girl informed the father about the incident and was taken to hospital, where the doctor confirmed rape.

A case was registered against the appellant under the relevant Sections of the Indian Penal Code, read with Section 3(1)12 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Thereafter, investigation ensued and the charge sheet was filed. The trial court convicted the appellant and sentenced him to life imprisonment.

Advocate Sharmila Sharma, Counsel for the appellant, argued that it was not a case where the sentence of life imprisonment could be awarded and highlighted that the convict has been in jail since 2007, completing around 15 years of incarceration.

Representing the government of Madhya Pradesh, Advocate Sudanshu Vyas argued that no the trial court had correctly appreciated the evidence and, therefore, the convict was undeserving of any leniency in sentencing.

The Court majorly relied on the evidence submitted by the prosecution witnesses and medical report by the doctor, who examined the survivor, to conclude that the guilt of the appellant was proved beyond reasonable doubt.

(Case title: Ramu vs State of MP)

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