Kerala HC Denies 10-Day Parole to Minor Rape Convict Over Wife's Death Rituals

The Kerala High Court has refused to grant 10 days of emergency parole to a man convicted of rape, aggravated penetrative sexual assault of a minor under the POCSO Act, and robbery, observing that extending further leniency in such a case would send a "wrong message to society" and run contrary to the objectives of criminal law.

Dismissing a writ petition filed by the convict's sister, the court declined permission for him to attend the 16th day post funeral ceremony of his wife. The bench noted that authorities had already shown the "maximum leniency" by permitting him to attend his wife's funeral, a concession he had already availed.

In a strongly worded order, the court said, "The offences for which the petitioner's brother was convicted are grave and heinous in nature, involving rape, aggravated penetrative sexual assault on a minor child, and robbery. Showing leniency... is wholly unwarranted." It further observed that granting parole to a convict found guilty of such offences "would send a wrong message to society" and would be "contrary to the objective of the penal law."

The High Court also recorded that the competent prison authority had examined the emergency parole request and rejected it after finding that the grounds cited were insufficient. Stressing that there were no exceptional or compelling circumstances warranting judicial intervention, the bench upheld the authority's decision.

Rejecting the plea, the court concluded, "The grant of emergency parole, in the facts and circumstances of the present case, would not be justified. Accordingly, the writ petition fails and is dismissed." As of Saturday, there have been no further legal developments or appeals in the matter.