The Maharashtra government moved the Bombay High Court on Monday, seeking life imprisonment for dismissed police constable Sunil More, convicted by Sessions Court this April for raping a college-going minor girl.
The sessions judge had awarded 12 years rigorous imprisonment to More.
But since the maximum punishment for his offence is life imprisonment, the state filed petition in the High Court seeking enhancement of sentence.
A division bench comprising Justice V G Palshikar and Nishita Mhatre admitted the petition.
More raped a 17-year-old girl at Marine Drive police outpost on April 21, 2005. He was on duty, and drunk.
Because of the involvement of a policeman, and the location -- Marine Drive, which is just 10 minutes walk from the state secretariat -- the incident shocked the country.
Public outrage was such that for a while the police outpost was removed from the spot. More was arrested and dismissed from service.
Though he has been awarded 12 years' jail term, under Section 376 of Indian Penal Code, he can get a life imprisonment.
Section 376 specifically says that if a rape is committed by a policeman within the premises of a police station or police chowky, the maximum punishment could be a life sentence.
Even during the trial, the prosecution had asked for life imprisonment.
More is undergoing the sentence now and he, too, has filed an appeal against sessions court's verdict. The court will hear both his appeal and state's petition together.
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