Supreme Court suspends sentence of Kerala Catholic priest Edwin Figarez convicted for raping minor girl

The Supreme Court of India has suspended the sentence imposed on a catholic priest from Kerala, Father Edwin Pigarez/ Edwin Figarez, who was convicted for the repeated rape of a minor girl between 2014 and 2015 [Fr. Edwin Pigarez v. State of Kerala & Anr.]..A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran on September 17 suspended his sentence until the top court decides on his appeal challenging his conviction in the rape case. The Court has ordered that Figarez be released on bail subject to conditions that the concerned trial court may deem fit to impose..Figarez, who was the vicar of a church when he was booked for the crime, was convicted in 2016 by an Additional Sessions Court in Ernakulam for committing offences punishable under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act). The conviction was upheld by the Kerala High Court in 2024. But the High Court modified the sentence imposed on Figarez from rigorous imprisonment for the remainder of his life to rigorous imprisonment for 20 years without remission.This verdict has now been challenged by Figarez before the Supreme Court. On September 17, the top court noted that Figarez had already spent 10 years in prison, which is the minimum sentence that can be awarded in such cases and half of the sentence imposed by the Kerala High Court. It proceeded to order the suspension of his sentence while his appeal remains pending. "Perusal of Section 376(2)(i) & (n) of the Indian Penal Code, 1860 would reveal that though for the said offence, the sentence upto life imprisonment can be granted, the minimum sentence is 10 years. The applicant/appellant (Figarez) had already suffered incarceration for almost 10 years. Even if this Court accepts the sentence of 20 years imposed by the High Court, the applicant/appellant has still undergone half of the sentence. In that view of the matter, we are inclined to suspend the sentence of the applicant/appellant, during the pendency of the appeal(s)," the order stated. .The prosecution's case is that the then vicar repeatedly sexually harassed and assaulted the victim-parishioner, who was studying in the 8th standard at the time.The priest was accused of taking the then 14-year-old victim to a bedroom attached to the presbytery when she would go to church to offer prayers, and raping the minor girl on several occasions between January and March 2015.After one such occasion, the minor girl's mother grew suspicious and the child revealed what had been happening to her. A criminal case was then registered against Figarez. After Figarez was convicted and sentenced by the trial court for the crime, he moved the Kerala High Court in appeal. .By a judgment dated February 7, 2024, the Kerala High Court confirmed Figarez's conviction, but modified his sentence."Having regard to the fact that there would certainly be more heinous crimes than the one involved in this case to award the sentence of life imprisonment for rape, we deem it appropriate to modify the sentence imposed on the first accused for the offence of rape, to rigorous imprisonment for a period of 20 years, instead of imprisonment for the remainder of the natural life imposed by the Special Court on the first accused," the High Court had said..Before the Supreme Court, Figarez was represented by Senior Advocate R Basant, and advocates Sweena Madhavan Nair, Raunak Arora, Sebastian Simon, and Yogita.The respondents were represented by Senior Advocate PV Surendranath, and advocates Harshad V Hameed, Dileep Poolakkot, Ashly Harshad, Sawan Kumar Shukla, and Lekha Sudhakaran..[Read Order]