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The Madhya Pradesh High Court, in a recent judgement reduced a rape convict’s sentence from life imprisonment to 20 years rigorous imprisonment. This was seen in the case of RAMU @ RAMSINGH VERSUS STATE OF M.P. [ CRIMINAL APPEAL No. 555 of 2009], which was presided over by Justices Subodh Abhyankar and S.K. Singh.

FACTS OF THE CASE

A case was registered against the appellant under Section 342, 376 of IPC read with Section 3(1)12 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. With regard to rape of a 4-year-old girl.

The counsel for the applicant pleaded that is not a case where the sentence of life imprisonment can be awarded to the appellant and considering the fact that he is lodged in jail since the date of his arrest i.e., 31/05/2007 and as such he has completed around 15 years of incarceration. Hence, it is submitted that his sentence may be reduced to the sentence already undergone by him.

 

JUDGEMENT OF THE CASE

The Court  held that it 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 7 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.

 

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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.

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