Delhi HC upholds rapists' conviction, reduces jail term to 10 years

Convict underwent period of 7 years, 7 months, 27 days of incarceration before released on bail

The Delhi High Court has upheld the conviction of a man accused of raping his differently- abled minor cousin, but reduced his jail term from life to 10 years so that he gets an opportunity to reform himself.

A bench of justices Gita Mittal and Anu Malhotra observed that the convict was 23-year-old at the time of crime in 1999 and if the appeal would have been heard expeditiously, even if the order of life sentence had been maintained, the appellant would have long ago been able to seek executive pardon.

"On a consideration of the entirety of circumstances, given the serious nature of the offence committed by the appellant, so that he is given an opportunity to reform and make useful contribution to society and not waste his existence, we consider it appropriate to reduce the sentence imposed by the trial court of life imprisonment, to a sentence of rigorous imprisonment for a period of ten (10) years...," the bench said.

It, however, upheld the Rs 5,000 fine imposed on convict Sanjay.

Besides modifying the jail term, the bench directed the Superintendent at the Tihar Jail, where the convict shall be incarcerated, to consider an appropriate programme like correctional courses through meditational therapy for 40-year -old Sanjay.

The order came on an appeal filed by the convict against the trial court's September 2000 verdict by which he was held guilty of raping a 16-year-old girl.

As per the prosecution, the convict had raped the girl on March 22, 1999 after confining her in his room. Soon after the incident, he was arrested. He was released on bail by the high court in December 2006 when his appeal came up for hearing before it.

The convict had undergone a period of seven years, seven months and 27 days of incarceration, before he was released on bail.

Taking a lenient view, the high court said if it was feasible for jail authorities, the man should be given educational opportunity, vocational training and skill development programme to enable a livelihood option and an occupational status.

It suggested post release rehabilitation programme for the convict well in advance before the date of his release to make him self-dependent.

"Furthermore, it is directed that a bi-annual report is submitted by the Superintendent, Tihar Jail, to this court till the date of release, of the measures being adopted for reformation and rehabilitation of the appellant," the court said in its 26-page judgement.