Supreme Court Stays Life Sentence of Kerala Priest

Decision by a bench comprising Chief Justice Gavai and Justice Vinod Chandran

New Delhi – The Supreme Court has suspended the sentence of Father Edwin Pigarez, a Roman Catholic priest convicted for repeatedly raping a minor parishioner, noting that he has already undergone nearly a decade of incarceration.

The Bench of Chief Justice BR Gavai and Justice K. Vinod Chandran was hearing an application filed by Fr. Pigarez seeking suspension of sentence and bail during the pendency of his appeal. Senior Advocate R. Basant appeared for the appellant, while Senior Advocate P.V. Surendranath represented the State. Surendranath strongly opposed the plea, stressing that the convict had been found guilty of committing a heinous offence by both the trial court and the High Court.

Father Edwin Pigarez

The Court recorded that although the High Court had modified the punishment from imprisonment for the remainder of the priest’s natural life to 20 years of rigorous imprisonment without remission, the appellant had already completed almost half the term. “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,” the Bench observed. It further noted that Section 376(2)(i) and (n) of the Indian Penal Code prescribes a minimum sentence of 10 years, extending up to life imprisonment. A few days ago, the same bench—Chief Justice Gavai and Justice Vinod Chandran—faced criticism on social media for a remark made during a verdict in the Khajuraho (Madhya Pradesh) Shri Vaman Temple case, where they said, “Go and tell God to do something.”

What is the case ?

Between the years 2014 and 2015, Father Edwin Pigarez, serving at the presbytery of a church in Ernakulam, Kerala, was accused of repeatedly sexually assaulting a minor girl studying in the 8th standard. The local sessions court found him guilty under the POCSO Act and Section 376 of the Indian Penal Code, sentencing him to life imprisonment. Later, the Kerala High Court reduced the sentence to 20 years of imprisonment.