Institute of Legal and Management Studies

The Supreme Court today suspended the life sentence of Father Edwin Pigarez, a priest of the Roman Catholic church, who was convicted for raping a minor girl.

The bench of CJI BR Gavai and Justice K Vinod Chandran, while suspending the appellant's sentence, granted bail during the pendency of his appeals against the order of conviction by the High Court.

In February 2024, the Kerala High Court upheld the conviction of the priest for repeated rape and sexual assault of a minor girl in his parish, but reduced the sentence imposed upon him by the Special Court from life imprisonment for the remainder of his natural life to rigorous imprisonment of twenty years without remission.

Referring to S. 376(2)(i) & (n) of the Indian Penal Code, 1860, the Court noted that while for the said offence, the sentence up to life imprisonment can be granted, the minimum sentence is 10 years.

The Supreme Court, while suspending his sentence, noted that the appellant has already undergone imprisonment for almost 10 years. The bench reasoned that "even if this Court accepts the sentence of 20 imposed by the High Court, the applicant/appellant has still undergone half of the sentence."

Considering the same, the bench suspended the sentence of Pigarez and directed his release on bail till the time his appeals are pending before the Supreme Court.

"We are inclined to suspend the sentence of the applicant/appellant, during the pendency of the appeal(s)."

"The appellant is directed to be released on bail in connection with Sessions Case No.`203 of 2016, on such terms and conditions as may be imposed by the Trial Court."

Counsel for the appellant: Senior Advocate R. Basant

Counsel for the State: Senior Advocate P.V. Surendranath

Case Details : Fr Edwin Pigarez V State Of Kerala| CRL.A NO. 1321 OF 2016, CRL.A NO. 160 OF 2017

Click here to read the order