The Kerala High Court has denied parole to a man convicted of raping a minor girl to attend the 16th-day post-funeral ceremony of his wife, saying that showing leniency to a person convicted of such "grave and heinous" offences would send a wrong message to society.
Dismissing a plea filed by the convict's sister seeking 10 days of emergency parole, the High Court said maximum leniency had already been shown by allowing him to attend his wife's funeral.
"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 in granting parole to a convict found guilty of aggravated penetrative sexual assault and the rape of a minor girl is wholly unwarranted," it said.
The court observed that granting parole to a convict found guilty of such grave offences would send a wrong message to society and would be contrary to the objective of the penal law.
"Moreover, maximum leniency has already been shown to the convict by permitting him to attend his wife's funeral, which he did," it said.
It noted that the convict's request for emergency parole had been duly considered and rejected by the competent authority, which found that the grounds cited were insufficient to justify granting the relief.
The court said that, given the gravity of the offences and the absence of any exceptional or compelling circumstances warranting emergency parole, it found no reason to interfere with the competent authority's decision.
"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," it said.
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