The Bombay High Court reduced the life sentence of a man, Kalamuddin Mohammad Isteyar Ansari (also known as Koail), who was convicted of forcing a five-year-old girl to perform oral sex. The court’s decision was influenced by the fact that the appellant “successfully’’passed an exam on the ‘Thoughts of Mahatma Gandhi’ while incarcerated, alongside the consideration that he had “no other criminal antecedents.’’
A division bench of Justice Sarang Kotwal & Justice Sandesh Patil modified the sentence of Kalamuddin Mohammad Isteyar Ansari alias Koail who had been convicted by a trial court under section 6 of Protection of Children from Sexual Offences (POCSO) Act.
Case Background :
The incident involved a victim who was five years old at the time of the offence. During her examination at age eight, she stated that her mother regularly filled water through a pipe from a neighbour’s house.
The victim further stated that her mother asked her to “ bring a pot from the neighbour’s house’’. Upon entering the house, the victim testified that the accused “had inserted his private part in her mouth.’’
Following the assault, the girl came back crying and narrated the incident to her mother. After the mother relayed the account to the girl’s father, a formal report was lodged at the police station.
Judicial Observations: Mitigating Factors Considered
The Bombay High Court reaffirmed the conviction of the accused confirming that he committed offences u/s 376 of the IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. However, while upholding the guilt, the Court chose to reduce his life sentence after considering several ‘mitigating factors’-
-
The accused was only 20 years old when the incident occurred.
-
He has remained in custody for more than 9 years and was not released on bail, even during Covid 19.
-
Educational Certificates: His lawyer provided certificates from Tilak Maharashtra Vidyapeeth, Ramchandra Pratisthan, Mumbai, and Mumbai Sarvodaya Mandal. These proved that he had been “studying the thoughts of Mahatma Gandhi’’ and had successfully passed an exam on the subject.
Considering this, the bench showed leniency to the accused ,choosing to modify the life sentence stating:
“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.’’
Court’s Reasoning:
The bench held that :
“The conviction of the Accused under Section 376 of I.P.C. and Section 6 of the POCSO Act, vide the Judgment and Order dated 7th December 2020, passed by the learned Special Judge, under the Protection of Children from the Sexual Offences Act, 2012, at Greater Bombay, in POCSO Special Case No.120 of 2017, is maintained''.
''However, the sentence of life imprisonment is set aside''.
''Instead, the Accused is sentenced to suffer rigorous imprisonment for twelve years and to pay a fine of Rs.1,000/- for commission of offence punishable under Section 6 of the POCSO Act''.
''In default of payment of fine, he shall undergo simple imprisonment of one month. No separate sentence is imposed for offence punishable under Section 376 of the I.P.C., in view of the Section 42 of the POCSO Act.’’
Final Order:
Concluding the matter, the bench observed, “ 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.’’
