‘Gang-rape charge not established’: SC reduces convict’s term from 20 to 8 years | India News

NEW DELHI: In relief to a man convicted for raping a minor, the Supreme Court reduced his sentence to eight-years’ imprisonment, which he had already undergone. He was convicted for gang rape by a trial court and was awarded a 20-year jail term.
A bench of Justices M R Shah and A R Bopanna upheld his conviction under Section 376 and not under Section 376D (gang rape) as done by the trial court and Allahabad HC. The court also acquitted the other accused in the case. The SC said that the charge of gang rape has not been established with convincing evidence. “However, having already noted that the incident of rape alleged had been established, it would be a case to convict the appellant under Section 376 of IPC,” the bench said.
“On arriving at the conclusion that the appellant is liable to be convicted under Section 376 IPC and not under Section 376 D IPC, the appropriate sentence to be imposed needs consideration. The incident in question is based on the complaint dated 09.08.2013. In this circumstance, though it is noted that Section 376 has been amended w.e.f. 21.04.2018 providing for the minimum sentence of 10 years, the case on hand is of 2013 and the conviction of the appellant was on 20.05.2015. The incident having occurred prior to amendment, the pre amended provision will have to be taken note,” the bench said.

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