Nishka Srinivas Veluvali –
Published On: December 1, 2021 at 18:10 IST
The Kerala high Court supported the Thalassery Special Court’s Verdict by reducing the awarded sentence of Robin Vadakkumcheril, former Vicar of St. Sebastian Church under the Charges of raping a minor girl.
The Court reduced the 20 years imprisonment awarded by the Thalassery Special Court to 10 years rigorous imprisonment.
This Verdict was awarded to the former priest by Justice R. Narayana Pisharady while quashing the Appeal put forth by the latter opposing the Special Court conviction.
Prior to this Plea, the former priest had filed a Plea before High Court and Supreme Court for permitting him Interim Bail to marry the rape survivor. The rape survivor also filed an Affidavit mentioning her readiness to marry the Accused.
The Accused in his Petition stated that he still loved the victim and desires to have a family with her and the child. He also stated that he had been ‘dispensed from all the priestly obligations’ after he had requested the Pope.
The Petition claimed that they required Court’s Order to get married and to make sure the welfare of the boy child along with their future. He informed the Court that their allowance was necessary while the Appeal against Special Court Verdict is still pending.
The earliest the marriage is legalized the early they would be granted the joint Custody of the child from the orphanage home.
However, the Apex Court as well as the High Court dismissed his Plea for Interim Bail stating that, “The question whether the accused committed an offence in the case depends on whether the victim was a child at the time of the incident. The trial Court had indeed found her minor when the offence happened and to grant the reliefs sought for as long as the finding remains would amount to giving judicial approval to such marriage.”