The Victim Had A Mental Disability. That Weighed On The Sentence.
At the sentencing stage the Court weighed the victim's disability against the accused's age, and arrived at ten years with the whole fine going to her.
The Court held the act heinous: the accused, then about 53, failed to take note that the woman, then about 25, was suffering from a mental disability and ought not to have done what he did. Considering he is now about 62, it sentenced him to ten years' rigorous imprisonment with a fine of Rs 1,00,000 payable to the victim within four weeks, with set-off for time already served.
- The victim's disability aggravated the offence, not merely described it.
- The whole fine goes to her — Rs 1,00,000, within four weeks.
- His present age was a mitigating factor, 62 at sentencing against 53 at the time.
- Set-off applies under Section 428 of the old Code and Section 468 of the BNSS.
- Court
- High Court of Karnataka at Bengaluru
- Bench
- Justice H.P.SANDESH, Justice B.PRAMOD
- Citation
- Criminal Appeal No. 530 of 2019
- Case
- Criminal Appeal No. 530 of 2019
- Decided
- 31 August 2026
- Outcome
- Ten years' rigorous imprisonment with fine payable to the victim
What the Court weighed
The act was done by a person aged about 53 at the time of the incident. The victim was aged about 25, and was a woman with a mental disability.
The accused failed even to take note that a woman suffering from a mental or physical disability ought not to have been treated as he treated her. The Court described the act as heinous on his part.
Against that, it took into account that he is now aged about 62.
The sentence
He was sentenced to rigorous imprisonment for ten years with a fine of Rs 1,00,000, payable to the victim, within four weeks.
He was directed to surrender before the trial court within ten days. If he fails, the trial court is to secure him and commit him to prison by issuing a conviction warrant.
He is entitled to set-off under Section 428 of the Code of Criminal Procedure and Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Registry was directed to furnish a copy of the judgment to his counsel forthwith.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Does a victim's disability affect the sentence?
Yes. The Court treated the accused's disregard of it as making the act heinous.
What is set-off?
Credit for the period of detention already undergone, under Section 428 of the Code and Section 468 of the BNSS.
Making submissions at the sentencing stage
- Address the victim's vulnerability directly; it is an aggravating factor, not background.
- Put the accused's age at the time of the offence and at sentencing both on record — they do different work.
- Ask that the fine be directed to the victim rather than to the State.
- Claim set-off for detention already undergone, citing both the old and the new provision.
Source. High Court of Karnataka at Bengaluru, Criminal Appeal No. 530 of 2019, decided 31 August 2026 by Justice H.P.SANDESH, Justice B.PRAMOD. This explainer is written from the judgment text as reported.
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