A man who was sentenced to a total of 15 years imprisonment by the Magistrates Court on two counts of rape had his sentenced reduced to 10 years by High Court judge Justice Daniel Gounder this morning.

In his ruling, Judge Gounder noted that former judge Justice Nazhat Shameem had found errors by the Magistrates Court in handing down the 15 year sentence.

However, Judge Gounder also noted that the applicant had committed the offence in 2000 but was charged in 2004.

In 2000, the maximum sentence that a Magistrate could impose on each count was 5 years imprisonment, but this was changed in 2003 when the jurisdiction was increased from 5 to 10 years imprisonment.

Judge Gounder said the amendment was not in favor of the accused and that the Magistrate committed a jurisdictional error in handing down the 15 year term.

In revising the sentence, Judge Gounder noted that the applicant committed a dreadful crime against a 10 year old child who is also his niece.

He reduced the sentence to five years on each count and the applicant is now to serve 10 years behind bars.