Bombay HC cuts POCSO convict's life term to 12 years after noting his self-improvement efforts in jail

The Bombay High Court recently reduced the jail sentence of a man convicted of sexually assaulting a five-year-old girl, after noting his age, lack of criminal antecedents and his apparent efforts at self-improvement in prison [Kalamuddin Mohammad Isteyar Ansari v. State of Maharashtra & Anr.].

A division bench of Justices Sarang V Kotwal and Sandesh D Patil has reduced his life sentence to 12 years’ rigorous imprisonment.

The Court noted that the convict had been in continuous custody since December 2016, including during the COVID pandemic. The Court was also shown certificates indicating the convict's participation in essay competitions and examinations on Gandhian thoughts while in jail.

The certificates issued by Pune University and other institutions showed his participation in a programme for analysing books, his participation in an essay competition, and his clearing an examination on the thoughts of Mahatma Gandhi. 

“All these factors considered cumulatively would make us show some leniency towards him for the sentencing part,” the Court opined. 

The Court passed the ruling on an appeal filed by Kalamuddin Mohammad Isteyar Ansari, challenging his 2020 conviction and life sentence imposed by a Mumbai POCSO court for forcing a child to perform oral sex.

The High Court found no reason to interfere with the decision to hold Ansari guilty of the crime, finding that there was nothing to doubt the testimony of the child victim about the incident.

It, therefore, upheld his conviction under Section 376 (rape) of the Indian Penal Code (IPC) and Section 6 (punishment for aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.

However, the Court decided to show some leniency with respect to his jail sentence and reduced the trial court’s order of imprisonment for life to 12 years’ rigorous imprisonment and a fine of ₹1,000. 

"The Accused was only 20 years of age, at the time, when the offence had taken place... Accused was not released on bail, even during Covid-19. He is continuously in custody since the date of his arrest from December 2016, i.e. for more than nine years. There are no criminal antecedents against the Accused ... various certificates issued by the various Authorities (have been produced), where the Appellant had appeared for examination ... We are therefore, inclined to reduce the sentence of the Accused ... However, taking into consideration the gravity of the offence, we are imposing the sentence which is more than the minimum sentence of ten years. In our opinion, the sentence of twelve years would meet the ends of justice," it reasoned.

No separate sentence was imposed under Section 376 IPC in view of Section 42 of the POCSO Act, which mandates that the severer punishment under the special law will prevail.

The Court also confirmed a trial court direction requiring Ansari to pay ₹25,000 as compensation to the victim child under Section 33(8) of the POCSO Act. 

Additionally, the Bench directed that the period already spent in jail since his arrest in December 2016 be set off against the 12-year term. 

Advocates OP Lalwani, Kunda Gaikwad, Gypson John, Suraj Kunchikorve and Riya John, briefed by Rajesh Sakhare, appeared for the convict. 

Additional public prosecutor Kranti Hiwrale appeared for the State. 

Advocate Shraddha Sawant represented the complainant.

[Read order]