HC reduces sentence of rape convict

Time of India

22-05-2025

Bhopal: A division bench of the MP high court has reduced the sentence of a rape convict from 20 years of rigorous imprisonment to 5 years, holding that he sexually assaulted the minor girl but it was not rape.
Hearing a criminal revision petition of a person from Annuppur, who was sentenced to 20 years of rigorous imprisonment by a sessions court, the bench of justices Vivek Agarwal and DN Mishra said the accused sexually assaulted the 9-year-old girl, but it was not "penetrative sex". Therefore, awarding him a maximum term under sections of the IPC, The SC and ST (Prevention of Atrocities) Act, and POCSO Act he was charged with was not appropriate.
The appellant said he was being framed in a false case and lodged a complaint with the SHO of the police station before the incident, stating that he could be implicated under the SC and ST (Prevention of Atrocities) Act.
It was argued on behalf of the convict that the girl, in her deposition before the trial court, said he went to her house, had a chat with her grandmother, and then left. During cross-examination, in reply to a query, she said he put her on his lap and touched her private parts.
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The govt counsel, however, said the victim was nine years old and has been sexually assaulted, and there should be no kindness shown to the convict.
The judges, in their order, said the girl told the trial court that the accused put her on his lap and touched her private parts. She did not contradict her statement since. The medical report says that there were no injury marks on the private parts of the girl.
The act of the accused was not "penetrative sex", and therefore the charges against the accused are modified. In place of section 376 (a) (b) of the IPC, 3 (1) (w) (p) and 3 (2) (V) of the Prevention of Atrocities against SC/ST Act, and 5 (m)/6 of the POCSO Act, the convict is held guilty for the crime defined under section 7 of the POCSO Act, and sentenced to 5 years of RI besides a penalty of Rs 10,000.