Advocates appeared:
For the Appellant(s) : Ms. Aruna Gupta, AOR
For the Respondent(s): Mr. Jatinder Kumar Bhatia, AOR

What is the appropriate punishment for aggravated penetrative sexual assault of a four-year-old under the POCSO Act, considering age and statutory amendments? What constitutes penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act in this case, and how do courts determine applicability of Sections 3, 4, 5, and 6? What is the court's ruling on converting life imprisonment to a fixed term for an elderly offender in a POCSO case, and the role of mitigating circumstances?

Key Points: - The Court held that the accused’s act constituted aggravated penetrative sexual assault under Section 6 of the POCSO Act, based on penetration of the finger into the victim’s vagina and the child’s age (four years) (!) (!) (!) - It affirmed conviction under IPC Section 376(2)(i) and POCSO Section 5/6, accepting Dr. PW-10’s independent testimony as reliable evidence establishing the offence (!) (!) (!) - The Court converted the life sentence to fifteen years of rigorous imprisonment with fines/compensation, recognizing mitigating circumstances such as the offender’s old age and health, and the amended minimums under Section 6 as of 16.08.2019 (!) (!) - Emphasized safeguarding children’s rights and the stringent approach toward offences under POCSO, reiterating no leniency for offences against children and the need to convey a deterrent message (!) (!) - Noted concurrent conclusions of Trial Court and High Court regarding the nature of the offence and the appropriate punishment under the POCSO Act (!) (!) - Case details: neighbour offender, victim four years old, offender caught in the act, medical corroboration via PW-10 Dr. Vandana Sundriyal (exhibit A6) (!) (!)

What is the appropriate punishment for aggravated penetrative sexual assault of a four-year-old under the POCSO Act, considering age and statutory amendments?

What constitutes penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act in this case, and how do courts determine applicability of Sections 3, 4, 5, and 6?

What is the court's ruling on converting life imprisonment to a fixed term for an elderly offender in a POCSO case, and the role of mitigating circumstances?