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Delhi HC Suggests Correctional Measures For Reforming Rape Convict [Read Judgment]

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22 Feb 2017 12:26 PM GMT
Delhi HC Suggests Correctional Measures For Reforming Rape Convict [Read Judgment]
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The Delhi High Court on Monday directed the superintendent at Tihar Jail to consider appropriate correctional measures to reform a rape convict sentenced to 10-year imprisonment.

A division bench comprising Justice Gita Mittal and Justice Anu Malhotra modified the life imprisonment awarded by trial court to 10 years of imprisonment after considering various mitigating circumstances relating to the accused.

“On a consideration of the entirety of circumstances, given the serious nature of the offence committed by the appellant, so that he is given an opportunity to reform and make useful contribution to society and not waste his existence, we consider it appropriate to reduce the sentence imposed by the learned trial Court of life imprisonment and of a fine of Rs.5000/- and in default of a payment of the said fine to undergo simple imprisonment for six months, which is thus so reduced and modified, - to a sentence of Rigorous Imprisonment for a period of ten (10) years and to pay a fine of Rs.5000/- and in default of the payment of the said fine to undergo simple imprisonment for a period of six months,” it said.

The bench also directed the superintendent at Tihar Jail, New Delhi, where the appellant shall be incarcerated for the remainder of the term of imprisonment to consider an appropriate programme for the appellant ensuring, if feasible:

  • Appropriate correctional courses through meditational therapy;

  • Educational opportunity, vocational training and skill development programme to enable a livelihood option and an occupational status;

  • involvement in sports activities and creative art therapy;

  • Shaping of post release rehabilitation programme for the appellant well in advance before the date of his release to make him self-dependent;

  • Ensuring in terms of Chapter 22 clause 22.22 (II) Model Prison Manual 2016, protection of the appellant from getting associated with anti-social groups, agencies of moral hazards (like gambling dens, drinking places and brothels) and with demoralised and deprived persons;

  • Adequate counselling being provided to the appellant to be sensitised to understand why he is in prison;

  • Conducting of psychometric tests to measure the reformation taking place; and

  • That the appellant may be allowed to keep contact with his family members as per the jail rules and in accordance with the Model Prison Manual.

The bench also directed the superintendent, Tihar Jail, New Delhi, to submit a bi-annual report to the court till the date of release, of the measures being adopted for reformation and rehabilitation of the appellant.

Read the Judgment here.

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