Upholding the conviction of a man for raping a seven-year-old girl in a temple in Madhya Pradesh in 2018, the Supreme Court has sentenced the convict to 30 years of rigorous imprisonment while noting that his action was barbaric.
The victim girl’s grandmother had on May 21, 2018, lodged an FIR against the man, who was 40 years old at the time of the committing the crime of kidnapping and raping the minor girl. The convict took the victim to a temple and raped her.
“On consideration of all such aspects, we are of the considered view that a fixed term of sentence of 30 years, which shall include the period already undergone, must be the modified sentence of imprisonment” said the order passed by the top court on Monday – February 5, 2024.
The court in its order said, “While maintaining the conviction of the petitioner-convict under Section 376 AB, IPC, the sentence imposed thereunder is modified to a sentence of rigorous imprisonment for a term of 30 years, making it clear that this will also include the period of sentence already undergone and the period, if any ordered by the Trial Court for set off.”
The court further said, “We further direct that the petitioner-convict shall not be released from jail before completion of the actual sentence of 30 years…”
The hearing by a bench of Justice CT Ravikumar and Justice Rajesh Bindal was limited to the question of sentence alone.
Holding the man guilty of the offence of kidnapping and raping the minor girl, the trial court had awarded him the death sentence under Section 376 AB (rape on minor girl under 12 years of age) of the Indian Penal Code. The accused was also convicted under the provisions of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act).
However, the Madhya Pradesh High Court by October 11, 2018, judgment commuted the death sentence to life imprisonment for the remainder of the convict’s natural life.
Noting that the minor victim was raped in a temple, the High Court in its judgment had said. “… if the victim is religious, every visit to any temple may hark back to her the unfortunate, barbaric action to which she was subjected to. So also, the incident may haunt her and adversely impact her future married life.”