Allahabad High Court Modifies Sentence Of Life Imprisonment Awarded To 32-Yr-Old Rape Convict To RI Of 13 Years

The Allahabad High Court on Friday modified the sentence of Life Imprisonment awarded to a 32-Year-Old Rape convict to Rigorous Imprisonment for 13 years, which the convict has already served out.

The Bench of Justice Suneet Kumar and Justice Om Prakash Tripathi ordered thus while observing that at the time of the incident, the prosecutrix was about 14 years and the convict was a 19-year-old, married man. The Court also noted that the prosecutrix married later on and is leading a peaceful married life.

Essentially, the Court was dealing with a criminal appeal preferred by Rape-Convict Bhura against the 2013 judgment and order passed by Additional Sessions Judge, Meerut under Section 376G and 506 I.P.C.

The Additional Sessions Judge, Meerut had convicted and sentenced the appellant/convict to undergo imprisonment for life under Section 376G I.P.C.

In the appeal, the High Court perused the judgment and order of the Trial Court, took into account the evidence adduced, and thereafter, came to a conclusion that on the basis of fully reliable evidence, the prosecution had proved beyond reasonable doubt that accused Bhura @ Bhure had committed rape with prosecutrix on March 3, 2009, when she had gone to attend the nature's call.

Thus, the HC held that the trial court had rightly held the accused guilty for the charges under Section 376(G) and 506 I.P.C and therefore, the HC confirmed the conviction of the appellant.

Further, the Court took into account the submission of the appellant that at the time of the incident, he was 19 years of age, he is labor and had been in incarceration for about 13 years and at present, he is 32 years and that he is a married person and also that Prosecutrix has also married and living peaceful happy married life.

In view of this, the Court referred to Apex Court's ruling in the cases of Dinesh @ Buddha Vs. State of Rajasthan, 2006 Lawsuit SC 162, Bavo@Manubhai Ambalal Thakore Vs. State of Gujarat 2012 (2) SCC 684 and Rajendra Datta Zarekar Vs. State of Goa, (2007) 14 SCC 560, to come to the following conclusion of modifying LI to RI of 13 Years:

"It is admitted fact that at the time of incident the prosecutrix was about 14 years and accused was 19 years. At the time of incident accused was married person and prosecutrix married later on and is leading a peaceful married life. The appellant is at present 32 years and is incarcerated for 13 years for charge under Section 376(G) I.P.C. So in the present facts and circumstances and the law laid down by the Apex Court, we are of the view that in the present case life imprisonment would be excessive punishment and punishment for 13 years would be adequate punishment which the appellant has already served out. Therefore the sentence is reduced to R.I. 13 years in place of life imprisonment. We feel that ends of justice would suffice by imposing R.I. for 13 years which has been served by the 12 appellant already."

In view of this, the conviction imposed on the appellant was confirmed. However, the sentence of life imprisonment was modified to R.I. for 13 years with a fine of Rs.3000/- in default of further undergoing R.I. for one month. The conviction and sentence imposed on the appellant under Section 506 I.P.C. was also confirmed. 

Case title - Bhura v. State of U.P.
Case citation: 2022 LiveLaw (All) 110

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