Kottiyoor Rape Case: Kerala High Court Reduces Sentence Awarded To Former Priest To 10 Yrs Imprisonment

The Kerala High Court on Wednesday reduced the sentence imposed on former priest Robin Mathew Vadakkumchery in the infamous Kottiyoor rape case that had shaken the public conscience, where he was accused of raping and impregnating a minor girl in 2016.The POCSO court at Thalassery had sentenced him to 20 years of rigorous imprisonment under Section 376 (2)(f) of IPC and provisions of the POCSO Act.However, today Justice Narayana Pisharadi reduced the sentence by altering the charges from Section 376 (2) to Section 376 (1), thereby sentencing the former priest to 10 years of rigorous imprisonment coupled with a fine while disposing of an appeal filed by the accused. The sentence under POCSO was concurred by the Court. The case had attracted further public rage after the survivor approached the Supreme Court expressing willingness to marry the accused. Robin Vadakkumcherry had also filed a petition seeking suspension of his sentence to marry the survivor. However, the Apex Court had rejected both the pleas. The case had caught public attention after a minor girl confessed to the police that she was impregnated after her own father committed rape on her. However, during her examination, she stated that the accused and she had consensual sexual intercourse.The accused admitted the paternity of the child born to the victim and contended that the act was consensual. The counsel had made extensive references to Puranas and Indian Mythology to contend that it was natural human conduct. The court rejected the said submission stating thus: "Here, it is not a moral issue that arises for consideration by this court. The question is whether there was legal justification for A1 in having sexual intercourse with PW1. I have no doubt in my mind that the act committed by A1 was legally wrong and it amounted to commission of offences punishable u/s Sec.376 of IPC and u/s Sec.3 r/w Sec.4 and Sec.5 r/w Sec.6 of the POCSO Act."While awarding a sentence of 20 years imprisonment, the court had observed: "This is a case where A1 by his sexual adventures wrecked the life of a young girl. The wreckage was massive. I am of the view that the sentence to be imposed upon A1 has to match with the gravity of the offences. However, considering the facts that the child born to PW1 and A1 is growing and the child did not have the fortune of meeting his father till date, I desist from imposing life sentence upon A1."

Kottiyoor Rape Case: Kerala High Court Reduces Sentence Awarded To Former Priest To 10 Yrs Imprisonment

Hannah M Varghese

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