Court Modifies Trial Court’s Sentence from 20 to 14 Years for Exceeding Statutory Limits
The Delhi High Court has upheld the conviction of Saleem @ Sanjay for the sexual assault of a visually challenged minor, confirming the charges under Sections 376(2)(l) and 471 of the Indian Penal Code (IPC). The court, however, modified the sentence from 20 years to 14 years of rigorous imprisonment, citing an overreach of the trial court's sentencing powers.
Presiding over the case, Justice Chandrasekharan Sudha delivered the judgment on August 14, 2026, following an appeal by the accused against the trial court's decision. The original sentence of 20 years was deemed to exceed the statutory limits allowed under Section 376(2)(l) IPC, which mandates a minimum of 10 years and can extend to life imprisonment, interpreted as the remainder of the person’s life.
The case stems from an incident on September 12, 2013, where Saleem allegedly committed a penetrative sexual assault on a 12-year-old girl, taking advantage of her blindness. The crime occurred in an Omni Van near Humayun Tomb, and the accused was also charged with using a forged driving license, an allegation that was substantiated beyond reasonable doubt.
Key testimonies from the victim, her brother, and their mother played a significant role in the conviction. The testimonies were consistent and corroborated by medical and forensic evidence, including DNA profiling that matched the accused with evidence collected from the victim.
During the trial, the accused denied the allegations, claiming a pre-existing dispute with the victim's family over parking issues, which he alleged led to his false implication. However, the court found no substantial evidence to support this claim, and the defense was unable to provide any material evidence to back the assertion of a consensual relationship or acquaintance that could justify the accused's actions.
The court emphasized the aggravating factors in the case, such as the victim’s physical disability and the threatening and coercive circumstances under which the crime was committed. The judgment serves as a stern reminder of the legal and moral obligations to protect the vulnerable and uphold justice, particularly in cases involving heinous crimes against women and children.
The High Court's decision to reduce the sentence to 14 years aligns with legal precedents and statutory requirements, ensuring that the punishment is commensurate with the offense while adhering to judicial protocols.
Bottom Line:
Conviction under Sections 376(2)(l) and 471 IPC upheld for sexual assault on a visually challenged victim and fraudulent use of a forged driving licence. Sentence modified to 14 years rigorous imprisonment due to trial court exceeding sentencing powers under Section 376(2)(l) IPC.
Statutory provision(s): Indian Penal Code Sections 376(2)(l), 471, 506; Criminal Procedure Code Sections 232, 207, 178, 313, 374(2), 383.
Saleem @ Sanjay v. State, (Delhi) : Law Finder Doc id # 2961281
