New Delhi – The Supreme Court suspends life sentence of Catholic priest Father Edwin Pigarez, who was convicted of repeatedly raping a minor girl in Kerala. The order was passed by a Bench comprising Chief Justice of India BR Gavai and Justice K. Vinod Chandran, which granted bail to the priest during the pendency of his appeal.
Background of the Case
Father Edwin Pigarez, a Roman Catholic priest, was accused of sexually assaulting a 14-year-old girl between January and March 2015 at the Lourdes Matha Church in Puthenvelikkara, Ernakulam, where he served as vicar. According to the prosecution, the girl, then a Class VIII student, was abused when she went to the church for confession.
In December 2016, a special court in Kochi found the priest guilty under provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO). The trial court sentenced him to rigorous imprisonment for the remainder of his natural life, noting that he had misused his position as a vicar.
His brother, Silvester Pigarez, was also convicted and sentenced to one year in jail for allegedly harbouring the priest, though this conviction was later overturned.
Kerala High Court’s Modification
In March 2024, the Kerala High Court upheld the conviction of Father Pigarez but reduced his sentence from imprisonment until natural death to 20 years of rigorous imprisonment without remission. The Bench of Justices P.B. Suresh Kumar and Johnson John reasoned that while rape leaves a permanent scar on the life of the survivor, sentencing must also maintain proportionality.
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The High Court also acquitted his brother Silvester, holding that the prosecution failed to prove the allegation of harbouring.
Supreme Court’s Observations
The Supreme Court suspends life sentence of Catholic priest Pigarez after noting that he had already spent nearly a decade behind bars. The Bench observed that even under the modified 20-year term imposed by the High Court, the priest had already completed almost half the sentence.
Chief Justice of India B.R. Gavai remarked:
“Even if this Court accepts the sentence of 20 years imposed by the High Court, the applicant has still undergone half of the sentence.”
The Court further highlighted that Section 376(2)(i) and (n) of the IPC prescribes a minimum of 10 years’ imprisonment, which may extend to life. Considering the long period of incarceration already served, the Court deemed it fit to suspend the sentence during the appeal process.
Accordingly, Father Pigarez was directed to be released on bail in connection with Sessions Case No. 203 of 2016, subject to conditions imposed by the trial court.
Legal Representation
Senior Advocate R. Basant appeared on behalf of Father Pigarez, while Senior Advocate P.V. Surendranath represented the State of Kerala. The State strongly opposed the plea, emphasizing the heinous nature of the offence and the fact that both the trial court and the High Court had confirmed the conviction.
Larger Implications
The case has raised significant debate over sentencing policies in sexual assault cases involving minors. While the Supreme Court suspends life sentence of Catholic priest Pigarez on technical grounds relating to proportionality and time served, the judgment has also reignited discussions about the balance between punishment and rehabilitation in cases of child sexual abuse.
The Court acknowledged the seriousness of the crime, noting that rape causes lifelong trauma and infringes on the victim’s dignity. At the same time, it reiterated that punishment must be proportionate and justified.
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Case Details
Case Title: Fr. Edwin Pigarez v. State of Kerala & Anr.
Order Date: September 17, 2025
Bench: CJI BR Gavai and Justice K. Vinod Chandran
