The Supreme Court has suspended the life sentence of Father Edwin Pigarez, a Roman Catholic priest convicted of repeatedly raping a minor parishioner in Ernakulam, Kerala. The Bench of Chief Justice BR Gavai and Justice K. Vinod Chandran noted 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. The prosecution opposed bail, citing the gravity of the offence, while the court emphasised procedural fairness and the period already served. The trial court will now set the terms of bail.
Court’s Reasoning and Legal Context
The Supreme Court referenced Sections 376(2)(i) and 376(2)(n) of the Indian Penal Code, which prescribe a minimum sentence of 10 years and up to life imprisonment for aggravated sexual assault on a minor. The Bench observed that the accused has already served close to ten years, half the reduced 20-year sentence imposed by the Kerala High Court.
The court thus decided to suspend the sentence temporarily during the pendency of Father Pigarez’s appeals, stressing that the decision does not diminish the offence’s seriousness but upholds procedural justice. Senior Advocates R. Basant and P.V. Surendranath represented the accused and the State, respectively.
Case Background and Trial Details
Father 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.
The Logical Indian’s Perspective
This case highlights the delicate balance courts must maintain between ensuring justice for grievous crimes and protecting legal rights during appeals. The trauma endured by survivors of sexual abuse, especially by individuals in positions of trust, can have lasting impacts.
Society must strengthen support for survivors while demanding accountability and transparency from all institutions. The courts’ role includes delivering justice that respects human dignity and due process.
