New Delhi: The Supreme Court has provided massive relief to Father Edwin Pigarez, a Roman Catholic priest, who was convicted of repeatedly raping a minor parishioner in Ernakulam, Kerala, by suspending his sentence.
A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran said that Father Pigarez had already served nearly a decade in prison and granted him bail pending the disposal of his appeal.
The Kerala High Court had upheld his conviction in February 2024 but reduced the sentence from life imprisonment to 20 years of rigorous imprisonment without remission.
Pigarez was led by senior advocate R Basant and the respondents were represented by P V Surendranath
The prosecution opposed bail, citing the gravity of the offence, while the court emphasised procedural fairness and the period already served. The trial court has been asked to set the terms of bail.
The court cited Sections 376(2)(i) and 376(2)(n) of the Indian Penal Code, which prescribed a minimum sentence of 10 years and up to life imprisonment for aggravated sexual assault on a minor.
The court noted that the accused has already served close to ten years, half of the reduced 20-year sentence imposed by the Kerala High Court.
Surenderanath, the senior counsel has vehemently opposed this application on the ground that the applicant has been concurrently held guilty for committing the heinous offence.
In its order, the bench said, ''Even if this court accepts the sentence of 20 years imposed by the High Court, the applicant/appellant has still undergone half of the sentence. In that view of the matter, we are inclined to suspend the sentence of the applicant/appellant, during the pendency of the appeal(s).''
The court directed the appellant to be released on bail in connection with the case, on such terms and conditions as may be imposed by the Trial Court.
Pigarez was convicted for repeatedly raping a girl studying in Class VIII between 2014 and 2015, within the church presbytery where he served as vicar. The survivor’s mother lodged the complaint, leading to the priest’s conviction under IPC and the Protection of Children from Sexual Offences (POCSO) Act, resulting in a life sentence.
However, the Kerala High Court found the life sentence excessive and reduced it to 20 years of rigorous imprisonment, applying the principle of proportionality while acknowledging the trauma inflicted on the survivor. Father Pigarez’s brother, Silvester Pigarez, who was initially convicted for harbouring the priest, was acquitted by the High Court due to insufficient evidence.
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