Kerala High Court Upholds Conviction Of Vicar For Minor's Rape, Reduces Life Term To 20 Yrs Rigorous Imprisonment Without Remission

“No doubt, rape is a crime which has a severe effect on women and the society...It is an infringement of a person's right to live a dignified life. At the same time, the court cannot ignore the basic principle of sentencing viz, that the sentence imposed should never exceed that which can be justified as appropriate or proportionate to the gravity of the crime considered in the light of its objective circumstances...we deem it appropriate to modify the sentence imposed on the first accused for the offence of rape, to rigorous imprisonment for a period of 20 years, instead of imprisonment for the remainder of the natural life imposed by the Special Court” , stated the Division Bench comprising Justice P B Suresh Kumar and Justice Johnson John.

Father Edwin Pigarez (first accused), a vicar of the Roman Catholic church and his brother Silvester Pigarez (second accused) were convicted by the Additional Sessions Court, Ernakulam (Special Court for the trial of cases relating to Atrocities and Sexual Violence against Women and Children) for raping and sexually assaulting a parishioner minor girl who was studying in eight standard during 2014 and 2015.

The first accused was convicted of rape under Sections 375(a) read with Section 376(2)(i) and (n) and 375(b) read with Section 376(2)(i) of the IPC and under the POCSO Act. The second accused was convicted under Section 212 (harbouring the offender) of the IPC. The Trial Court had convicted the first accused to imprisonment for the remainder of his natural life. Aggrieved by the conviction, they had approached the High Court.

The High Court found that the prosecution has established offences of rape and sexual assault beyond a reasonable doubt based on the statements of the minor victim. “Be that as it may, even de hors the same, as already indicated, the evidence tendered by the victim establishes beyond reasonable doubt that it was the first accused who committed rape and sexual assaults on the victim and also harassed her sexually”, stated the Court.

Based on the Apex Court judgments, the Court found that the witness tendered by the minor victim was of sterling quality. It also found that all other evidence such as oral, documentary, material objects, medical examination, and expert opinion supported her statements.

As against the second accused, the Court found that his car was used by the first accused to leave the place and escape from legal punishment. The Court found that there was no evidence to infer that the second accused had knowledge about the crime committed by the first accused for a conviction under Section 212 of the IPC. “We take this view also for the reason that the possibility of the first accused giving to the second accused an entirely different picture about the allegations, and the possibility of the second accused believing the version of the first accused cannot be ruled out, especially since the first accused was a priest then commanding respect from the members of the community including his friends and relatives”, added the Court.

Accordingly, the Court set aside the conviction of the second accused and acquitted him.

Counsel for Appellants: Senior Advocate S.Sreekumar , Advocates Franklin Arackal A.R, I.J.Augustine, R.Githesh, P.Martin Jose, M.A.Mohammed Siraj, Manjunath Menon, P.Prijith, Thomas P.Kuruvilla

Citation: 2024 LiveLaw (Ker) 145

Case title: Fr Edwin Pigarez V State Of Kerala

Case number: CRL.A NO. 1321 OF 2016, CRL.A NO. 160 OF 2017

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