In a recent decision, the Bombay High Court at Aurangabad changed a life sentence to 20 years for Balaji S/o. Malhari Devkate, who was found guilty of a serious crime against a child. Here's a breakdown of the case and the court's decision.
Balaji Devkate was first found guilty by the Additional Sessions Judge in Bhokar for attacking an 8-year-old girl. The charges included a section of the Indian Penal Code and parts of the Protection of Children from Sexual Offences (POCSO) Act. The judge originally sentenced him to life in prison, meaning he would stay in jail for the rest of his life.
"Balumama grabbed the victim from behind... and committed an illegal act on the victim."
Devkate challenged the decision, saying that the specific law used in his conviction was no longer valid when the crime happened. His defense argued that a different section, which was active at the time, should have been used. This section has a minimum sentence of 20 years.
The court looked at statements from the victim, her grandmother, and a medical report. The evidence confirmed the victim's story, and a medical check-up supported the claims of assault.
"Evidence of fresh tears supports the claim of assault."
The court recognized the mistake in the original charges, as the law used was not applicable. However, they found that the evidence supported a conviction under the correct section, which matched the crime.
Taking into account Devkate's age and the situation, the court decided to change the life sentence to 20 years of strict imprisonment. This decision matches the minimum punishment for the correct charges.
"The sentence of the appellant shall be reduced from life imprisonment... to strict imprisonment for 20 years."
The court decided to reduce the sentence from life to 20 years, considering the correct legal charges and the possibility of rehabilitation, while still acknowledging the seriousness of the crime.
