A 41-year-old Catholic priest was sentenced to double life imprisonment for raping a 14-year-old girl several times. The court noted that he had misused his position, going to the extent of attributing bad character to the victim and betraying the believers of the church.
Additional district and sessions court judge K.T.Nisar Ahammed convicted Edwin Figarez, the priest attached to the Lourdes Matha Church, Puthenvelikkara in Ernakulam district, under various sections of POCSO Act and Indian Penal Code.
The court noted that he deserved the maximum punishment prescribed by law, which should have a deterrent effect. In its judgement, the court said the priest has "misused his position as a Vicar for the church" and sentenced him to double rigorous imprisonment for life "which shall mean imprisonment for the reminder of his natural life".
"He betrayed the entire believers of Church. It is pertinent to note that he has gone to extent of attributing bad character to the victim --a small girl," the court said.
The court, which deals with cases related to atrocities and sexual violence against women and children, also imposed a fine of Rs 2,15,000 on Figarez.
The judgement was pronounced exactly a year after the priest surrendered before the investigation team in Aluva.
"By considering all these aspects, I am of the opinion that he doesn't deserve any leniency. He deserves maximum punishment prescribed by law and it should have a deterrent effect," said the judge.
The court observed that a Vicar of Church is viewed by general public in high esteem.
"He should be a model for believers and also for the general public. He is expected to live a life which could be emulated by others. But contrary to that, the first accused has misused his position as a vicar for the church," the judge said.
Brother of the priest, 58-year-old Silvester Figarez, was sentenced to one year simple imprisonment for assisting the accused to abscond after the Kerala High Court rejected the anticipatory bail plea of the priest in May last year.
A gynaecologist, Dr Ajitha, of a government hospital, who examined the girl while she was taken to the hospital by her mother following the incidents of sexual assault, was found guilty of not reporting the crime to police but let off under Section (3) of the Probation of Offenders Act after admonition.
In her complaint to the police, mother of the victim had alleged that her child was sexually assaulted by Figarez in a church complex between January and March in 2015, mostly when she came for confession. The girl's mother had alleged that the priest abused her daughter many times when she sought his services for confession.
