Conviction Affirmed; Sentence Reduced Due to Appellant's Age and Appeal's Prolonged Pendency
In a significant judgment, the Allahabad High Court upheld the conviction of Ram Swarup under sections 363, 366, and 376 of the Indian Penal Code (IPC) for the kidnapping and gang rape of a minor. The court modified the sentence considering Ram Swarup's advanced age and the prolonged pendency of the appeal, which has been ongoing for over four decades.
The case dates back to 1979, when the prosecutrix, a minor at the time, was allegedly kidnapped and raped by three individuals, including Ram Swarup. The trial court had initially sentenced the accused to rigorous imprisonment for varying terms under the pertinent sections of the IPC. Following the deaths of co-accused Kali Charan and Ram Lal during the appeal's pendency, the judgment now pertains solely to Ram Swarup, who was alive and on bail.
In reviewing the evidence, Justice Santosh Rai noted the consistent and reliable testimony of the prosecutrix, corroborated by witnesses and medical evidence, affirming the conviction. The court rejected the request for leniency or release on probation under the Probation of Offenders Act, 1958, stressing the gravity of the offenses and their impact on societal confidence in the rule of law.
While affirming the conviction, the court exercised discretion under the proviso to Section 376 IPC, reducing the substantive sentence from the original seven-and-a-half years to four years, given Ram Swarup's age—now approximately 71—and the absence of prior criminal antecedents. The modified sentences under sections 366 and 363 IPC were set at two years each, all to run concurrently.
The judgment emphasized the importance of deterrent sentencing in cases of sexual violence while acknowledging the unique circumstances presented by the appellant's advanced age and the appeal's long duration. The court's decision reflects a balance between upholding justice for the victim and recognizing the appellant's current life situation.
Ram Swarup, who is currently on bail, has been directed to surrender within two weeks to serve the remainder of his sentence. The court has instructed the trial court to take necessary steps for compliance if the appellant fails to surrender voluntarily.
This judgment underscores the judiciary's role in ensuring justice while adapting sentencing in light of exceptional circumstances.
Bottom Line:
Conviction under Sections 363, 366, and 376 IPC affirmed; sentence modified considering the appellant's advanced age, prolonged pendency of appeal, and absence of criminal antecedents.
Statutory provision(s): Sections 363, 366, 376, 313, 428 IPC; Probation of Offenders Act, 1958
Kali Charan v. State of U.P., (Allahabad) : Law Finder Doc id # 2941281
