Rape of 14-year-old: Orissa High Court cuts sentence to time served, citing 24-year delay and victim’s plea

The appellant was convicted under Sections 366 and 376 IPC for kidnapping and raping a 14-year-old girl, and sentenced to three years’ rigorous imprisonment under Section 366 and seven years’ rigorous imprisonment under Section 376, with fines.

On appeal under Section 374(2) CrPC, the appellant did not challenge the conviction and confined his argument to sentence, seeking reduction to the period already undergone.

He relied on the passage of approximately 24 years, the parties’ prior relationship, the victim’s subsequent marriage and family, and the reconciliation between the families.

The victim filed an affidavit supporting the request for sentence reduction.

Whether the Court could reduce the sentence below the minimum prescribed under Section 376 IPC by invoking the statutory proviso for adequate and special reasons.

Whether the circumstances relied on by the appellant justified reducing the custodial sentence to the period already undergone.

Section 376 IPC, as considered by the Court, permitted a sentence below the prescribed minimum where adequate and special reasons were stated in the judgment.

The Court relied on Ravindra v. State of Madhya Pradesh, (2015) 4 SCC 491, and Nehnu Ram @ Narendra v. State of Rajasthan, Criminal Appeal No. 320 of 2019, for the proposition that circumstances including the passage of time and the parties’ subsequent lives may constitute special reasons for reducing the sentence below the minimum.

The appellant accepted the conviction, so the Court considered only the sentence.

It found that the victim and appellant had been in a relationship, had attempted to marry after the conviction, and that the victim had since married and had two children; the families had also reconciled, and the victim did not wish the appellant to be returned to custody.

Treating these circumstances, together with the passage of approximately 24 years, as special reasons under the proviso to Section 376 IPC, the Court exercised its power to reduce the sentence.

Any fines imposed remained payable.