40-year-old man undergoing 10-year-jail term in a rape case set free by the Delhi High Court

Delhi High Court adjourns marital rape case till October 23

NEW DELHI,June23: Taking a lenient view towards a 40-year-old man undergoing 10-year-jail term in a rape case, the Delhi High Court has set him free by reducing his sentence to seven years already spent by him behind bars.

The court ordered his immediate release considering that the conduct of the convict, who has a wife and two children to look after, has been satisfactory in prison.

While modifying the sentence, it also noted that despite being granted bail in the case, the convict, a security guard, could not come out of jail as he failed to furnish the bail bond due to poverty.

“Upon hearing and on perusal of trial court judgement and evidence on record, I find that the conviction of appellant (convict) is well merited. However, order on sentence needs to be varied.

“Considering the fact that appellant is in jail for last more than seven years…indicates that his conduct in jail has been satisfactory and he is not involved in any other case and also that he is a poor person, who has family responsibilities to shoulder,” Justice Sunil Gaur said.

The man had moved the high court challenging a trial court’s October 2013 decision sentencing him to ten years in jail for raping and outraging modesty of a married woman, who was his neighbour.

The trial court had also slapped a fine of Rs. 60,000 on the convict.

According to the police, the man had sexually assaulted the woman on March 2, 2011 while she was alone in her house. The man, however, had claimed innocence and submitted that he was falsely implicated in the case as he had a quarrel with the woman and her husband over a petty issue.

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