However, the court reduced the sentence of 20 years rigorous imprisonment to 10 years of rigorous imprisonment awarded by the special court.
The Kerala High Court on Wednesday confirmed the conviction of Robin Vadakkumcheril, former Vicar of St. Sebastian’s Church, Kottiyur, by the Thalassery Special Court in a case related to the rape of a minor girl and under provisions of the Protection of Children from Sexual Offenses. POCSO) Act.
The court, however, reduced the sentence of Special court sentenced 20 years rigorous imprisonment Up to 10 years rigorous imprisonment.
Justice R. Narayan Pishardi delivered the judgment while disposing of an appeal filed by a former priest against the special court’s decision.
Earlier, his petition was rejected by the High Court and the Supreme Court. granting interim bail to a rape victim to marry her, The rape victim, who was sexually assaulted by him when she was just 16 years old and gave birth to a boy in February 2017, had also filed an affidavit expressing her desire to marry the accused.
In his plea seeking interim bail, he claimed that he still loved the survivor and wanted to lead a family life with her and the child. Since his priesthood was an obstacle to marriage, he made a request to the Pope. The Pope later “absolved him of all priestly duties, including celibacy”. Further, to ensure the welfare of the child and protect his future, the permission of the court is required to marry during the pendency of the appeal. Getting their marriage done at the earliest will help them get joint custody of the child from the orphanage home.
The High Court had dismissed her plea for bail saying that the question whether the accused had committed an offense in the case depends on whether the victim was a child at the time of the incident or not. It pointed out that the trial court had actually found her to be a minor when it happened and held that so long as the search continues, the relief sought would be tantamount to granting judicial sanction to such marriage. The court also cited various Supreme Court judgments against allowing compounding in rape cases as a crime against society.
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