Fr Edwin Pigarez v. State of Kerala, 2025
It underscored that the sentence for the offence under Section 376(2)(i) & (n) IPC ranges from a minimum of 10 years to life imprisonment, allowing judicial discretion.
Judgement Details
Court
Supreme Court of India
Date of Decision
16 September 2025
Judges
Chief Justice B.R. Gavai & Justice K. Vinod Chandran
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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Father Edwin Pigarez, a Roman Catholic priest, was convicted of repeatedly raping and sexually assaulting a minor girl in his parish.
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The Kerala High Court upheld his conviction but reduced his sentence from life imprisonment for the remainder of his natural life to rigorous imprisonment of 20 years without remission.
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The appellant was serving the sentence and had undergone nearly 10 years of imprisonment at the time of the Supreme Court's decision.
Issues
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Whether the life sentence imposed on Father Edwin Pigarez could be suspended pending appeal?
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Whether bail should be granted during the pendency of appeals in a serious sexual offence case involving a minor?
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Whether interpretation of sentencing under Section 376(2)(i) & (n) IPC regarding minimum and maximum punishments?
Held
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The Supreme Court suspended the life sentence of Father Edwin Pigarez and granted bail during the appeal proceedings.
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The appellant was directed to be released on bail with appropriate conditions.
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The suspension was justified given the time already served and the legal provisions allowing such discretion.
Analysis
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The Court balanced the gravity of the offence against the principle of fair trial and the right to appeal.
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It underscored that the sentence for the offence under Section 376(2)(i) & (n) IPC ranges from a minimum of 10 years to life imprisonment, allowing judicial discretion.
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The judgment reflects the Supreme Court's acknowledgment of procedural fairness, especially where the convict has already served a significant part of the sentence.
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The decision does not negate the conviction but merely suspends the sentence pending appeal, demonstrating judicial restraint and upholding the appellate process.