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Court also observed that there was no straight-jacket formula under the criminal law for sentencing an accused and its objective should be to create a deterrence as well as bring a reformation
The Delhi High Court has recently reduced the 20-year jail sentence handed down to a 38-year-old man convicted of "digital rape" of a four-year-old girl in 2014.
The bench of Justice Amit Bansal, acknowledging the appellant's substantial life ahead and the responsibility of caring for an aging mother, cited satisfactory conduct in jail as grounds for the reduction.
"The trial court had sentenced the appellant for 20 years of rigorous imprisonment, observing that the appellant had committed ‘digital rape’ on a child of four years at the time of the incident," the court said. Digital rape refers to penetration using fingers.
While upholding the conviction under the Protection of Children from Sexual Offences (POCSO) Act, the court stated, "In my considered view, ends of justice will be met if the sentence of the appellant is reduced to 12 years. The fine of Rs. 15,000 awarded by the trial court is retained."
The appellant, the brother-in-law of the survivor's tutor, received the original 20-year jail term in 2021 under Section 6 (aggravated penetrative sexual assault) of the POCSO Act and the Indian Penal Code, along with a Rs. 15,000 fine.
Under the POCSO Act, penetrative sexual assault includes any insertion of an object or body part into the vagina, urethra, or anus of a child. The court noted that the appellant failed to rebut the presumption against him, and penetrative sexual assault qualifies as aggravated penetrative sexual assault if the survivor is under 12 years of age.
The court emphasized that the trial court correctly considered the child's statements, even if the defence witness (the tuition teacher related to the appellant) turned hostile. It noted that the absence of external injuries did not discount the possibility of penetrative sexual assault.
Highlighting the absence of a one-size-fits-all sentencing formula, the court stressed that the objective of criminal law is deterrence and reformation.
"There is no straight-jacket formula under criminal law for sentencing an accused. Objective of sentencing an accused should be that of deterrence and reformation. Restorative justice under criminal law aims at giving an opportunity to the convict to reform and become a useful contributor to the society, once released from jail", it said.
Considering the appellant's nine years served, during which he worked as a 'langar sahayak' with satisfactory conduct, the court justified the reduction. It also took into account the appellant's age, being around 28 at the time of the offense and currently 38, with a substantial life ahead and familial responsibilities.
"He has not been involved in any other offence. 32. It is also relevant to note that the appellant was a young man of around 28 years at the time of commission of the offence. As on date, he is around 38 years of age and has a substantial life ahead of him. He also has an aging mother to look after," the court said.
Case Title: Pradeep Kumar v. State
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