The Madhya Pradesh High Court, modified it’s recent judgement of he was kind enough to leave the prosecutrix alive to that he did not cause any other physical injury to the victim saying it be an inadvertent mistake.
This was seen in the case of RAMU @ RAMSINGH VS. STATE OF M.P[CRIMINAL APPEAL NO.555 OF 2009], which was presided by Justice Abhyankar and Justice Satyendra Kumar Singh.
FACTS OF THE CASE
On 18.10.2022, The Madhya Pradesh High Court made the statement that the rape convict was “kind enough to leave the prosecutrix alive”, modified its statement to “considering the fact that he did not cause any other physical injury to the victim”, after facing criticism throughout the nation.
The appellant was convicted in 2009 under Section376(2)(F) IPC for raping a 4-year-old girl in 2007. While deciding the convict’s appeal, the division bench made it’s judgement as follows-
The earlier statement was as follows-
In such circumstances, this Court does not find any error in appreciation of evidence by the trail Court and considering the demonic act of the appellant who appears to have no respect for the dignity of a woman and has the propensity to commit sexual offence even with a girl child aged 4 years, this Court does not find it to be a fit case where the sentence can be reduced to the sentence already undergone by him, however, considering the fact that he was kind enough to leave the prosecutrix alive, this court is of the opinion that the life imprisonment can be reduced to 20 years’ rigorous imprisonment. Accordingly, the criminal appeal is partly allowed and the appellant be made to suffer the period of 20 years in accordance with law.”
The modified statement is as follows-
In such circumstances, this Court does not find any error in appreciation of evidence by the trail Court and considering the demonic act of the appellant who appears to have no respect for the dignity of a woman and has the propensity to commit sexual offence even with a girl child aged 4 years, this Court does not find it to be a fit case where the sentence can be reduced to the sentence already undergone by him, however, considering the fact that he did not cause any other physical injury to the victim, this court is of the opinion that the life imprisonment can be reduced to 20 years’ rigorous imprisonment. Accordingly, the criminal appeal is partly allowed and the appellant be made to suffer the period of 20 years in accordance with law.”
JUDGEMENT OF THE CASE
The bench held that, it is “apparent” that the “mistake” is “obviously inadvertent” in the context as the court had already held the act of appellant as “demonic”.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.
