Summary:
Kochi, Dec 1 (PTI) The Kerala High Court on Wednesday reduced to 10 years, the 20 year jail term awarded by a lower court to a defrocked priest convicted in the Kottiyoor rape case.
Justice R Narayana Pisharadi modified the conviction of the defrocked priest -- Robin Mathew Vadakkumcherry -- by the trial court for the offence of rape by a person who is in position of authority or trust over the victim as provided under the amended Section 376(2)(f) of the IPC and thereby, the sentence of 20 years awarded to him for the offence got reduced.
The high court, instead, convicted him for rape, which carries a minimum punishment of seven years jail term and a maximum of life imprisonment.
For the offence under Section 376(2)(f) of the IPC, the punishment cannot be less than 10 years and can be a maximum of life imprisonment.
The high court said, "Merely for the reason that the appellant/accused was the priest/vicar of the local church, it cannot be found that he had held any position of trust or authority towards the victim girl." It further said that even the trial court, while finding the accused not guilty of aggravated penetrative sexual assault under Section 5(p) of the POCSO Act, had categorically said that he cannot be regarded as a person in position of trust or authority of the victim.
"The State has not challenged the acquittal of the appellant/accused of the offence under Section 5(p) of the POCSO Act.