The Bombay High Court has reduced the life sentence of a man named Kalamuddin Mohammad Isteyar Ansari convicted of raping a minor girl, to 12 years in prison. While the court did not disturb his conviction, it decided to lower the punishment after considering factors such as his young age at the time of the crime, the many years he had already spent in jail, and his efforts to reform himself while in prison.
The order was issued on 2nd February by a bench of Justices Sarang Kotwal and Sandesh Patil. The contents of the order copy became available on Tuesday,10th February. The man had filed an appeal against the life sentence he received from the special POCSO court.
The court noted that the accused was just 20 years old when he committed the offence, and he also did not have a prior record of involvement in any criminal activities. He has been in jail since December 2016, and he has not been released, even during the COVID-19 period. The judges also took note of certificates showing that he had taken part in educational activities in prison. These included taking part in educational programmes, an essay-writing competition, and a programme focused on the thoughts and ideas of MK Gandhi. The bench said these activities reflected some level of reform during his time in jail.
After weighing these reformative factors against the seriousness of the crime, the court observed that a reduced sentence of 12 years would be appropriate.
The case dated back to 9th December 2016, when the five-year-old girl had gone to the neighbour’s house to get water. That’s when the neighbour sexually assaulted her. Scared, she ran straight to her mom and told her everything. The mom confronted him, then approached the police and filed the complaint against the accused. The victim later testified in the trial court at the age of eight.
The HC noted that the testimony of the minor girl was dependable and consistent since she had narrated her story clearly without any tutelage.
