Delhi HC grants relief to rape convicts on survivor's application

The Delhi High Court has granted relief to two rape convicts, Ganesh and Kismat Ali, after the victim expressed no objection over the reduction of their sentence.

On September 13, 2002, Ganesh was sentenced to undergo rigorous imprisonment for seven years and slapped with a fine of Rs 3000.

The court observed that Ali did not rape the prosecutrix [the victim] and was thus held entitled to a lesser sentence. Ali was sentenced to undergo rigorous imprisonment for five years for being party to the crime and was asked to pay a fine of Rs 2000.

Later, Ganesh married the victim on January 1, 2003. On January 16, 2006, the sentence of both appellants Ganesh and Ali was suspended.

The appeals were thereafter taken up for final hearing on March 29, 2019, but the appellants Ganesh and Ali did not come and thereafter non-bailable warrants were issued against them and both of them were arrested and remanded into judicial custody. Thereafter the appellants have remained in judicial custody.

However, the prosecutrix [the victim] through her affidavit submitted that after her marriage with the appellant Ganesh she lived with him for about two years and thereafter because of temperamental differences they consented to separate from each other and live peacefully after separation.

She also said that later in 2006, she married another guy and was blessed with a son. The affidavit of the prosecutrix also reflects that after separation the appellant Ganesh also got married to another woman and has been blessed with two children.

The prosecutrix has further submitted that she is leading a peaceful life and has no grudge against the appellant and does not wish to see him serving the sentence anymore and has no objection if the conviction of the appellant is reduced to the sentence undergone.

"In view of the affidavit that has been filed by the prosecutrix though only qua the appellant Ganesh, taking into account the impugned sentence which has granted a lesser sentence to Kismat Ali, it is considered appropriate that both the appellants are treated at par in view of the affidavit of the prosecutrix and the impugned order on sentence," Justice Anu Malhotra said.

It added, "In view of the affidavit of the prosecutrix..., it is considered appropriate in the interest of justice that both the appellants are allowed to be released on the period of detention already undergone by them and the deposit of the fine as imposed by the impugned order on sentence qua both the appellants are waived.