The Supreme Court of India has suspended the sentence of Father Edwin Pigarez, a Catholic priest from Kerala, who was convicted for repeatedly raping a minor parishioner. The order, passed on September 17 by a bench led by Chief Justice of India BR Gavai and Justice K. Vinod Chandran, allows his release on bail while his appeal against the conviction remains under consideration.
Background
The case dates back to 2015, when Pigarez, then serving as the vicar of a church in Ernakulam, was accused of sexually assaulting a 14-year-old girl from his parish. The Additional Sessions Court convicted him in 2016 under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
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In February 2024, the Kerala High Court upheld his conviction but modified the punishment. Instead of life imprisonment for the remainder of his natural life, the High Court imposed 20 years of rigorous imprisonment without remission. The priest has been in custody since his arrest, spending close to a decade behind bars.
Court’s Observations
During the hearing, Senior Advocate R. Basant represented the priest, while Senior Advocate P.V. Surendranath appeared for the State. The defence argued that Pigarez had already undergone nearly 10 years in prison, which is the minimum punishment prescribed for the offence.
The prosecution, however, strongly opposed the bail plea, pointing out the gravity of the offence. “The applicant has been concurrently held guilty for committing a heinous crime,” submitted Surendranath.
After reviewing the matter, the bench highlighted that even if the 20-year sentence imposed by the High Court was accepted, the priest had already served half of it. “Perusal of Section 376(2)(i) & (n) of the Indian Penal Code would reveal that though life imprisonment can be granted, the minimum sentence is 10 years. The applicant has already suffered incarceration for almost 10 years. In that view of the matter, we are inclined to suspend the sentence,” the bench observed.
Decision
The Court directed that Pigarez be released on bail in connection with Sessions Case No. 203 of 2016, subject to conditions to be set by the trial court. With this order, the priest walks free for now, but the legal battle is far from over. His appeal challenging both the conviction and sentence will be taken up in due course, leaving the final word on his fate still in the Supreme Court’s hands.
Case Title: Fr. Edwin Pigarez v. State of Kerala & Anr.
Date of Order: September 17, 2025
