Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive

The Madhya Pradesh High Court, Indore Bench recently reduced the sentence of a rape convict from life imprisonment to 20 years of imprisonment on the ground that he did not kill the 4-year-old victim after the heinous act. Singh did not find any fault in the conviction of the Appellant but found it fit to extend him the benefit of remission - 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. Despite the same, the Court noted that the evidence, when scrutinized in totality, proved the guilt of the Appellant beyond reasonable doubt- It is true that although the articles and the vaginal smear of the prosecutrix were sent to forensic laboratory but the FSL report is not available on record which again shows the gross negligence on the part of the police in prosecuting such heinous offences. However, mere absence of the FSL report does not and cannot deter the Courts to appreciate the evidence available on record in its proper perspective and as has already been observed by this Court, that there is not only eyewitness account available in the case but is also duly corroborated by the medical evidence as has been proved by PW/7 Dr. Ranjana Patidar, the guilt of the appellant is proved beyond reasonable doubt.