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SUPREME COURT OF INDIA
BELA M. TRIVEDI, PANKAJ MITHAL, JJ.
Deepak @ Nanhu Kirar – Appellant
Versus
State of M.P. – Respondent
Criminal Appeal No. 295 of 2024, Petition for Special Leave to Appeal (Crl.) No. 4373 of 2021
Decided On : 16-01-2024
Sentencing - Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act, 2012 (POCSO) - Quantum of Sentence
Fact of the Case:
The appellant was convicted for various offences under IPC and POCSO, including capital punishment for the offence under Section 302 of IPC. The High Court partly allowed the appeal and modified the sentence to life imprisonment for 35 years without remission.
Finding of the Court:
After considering the relevant provisions of IPC and POCSO Act, the court reduced the appellant's sentence to 25 years without remission for the offence under Section 302 IPC, in the interest of justice.
Issues: Quantum of sentence for the appellant's offences under IPC and POCSO Act.
Ratio Decidendi: The court's decision was influenced by the relevant provisions of IPC and POCSO Act, and the interest of justice.
Final Decision: The appeal was partly allowed, and the appellant's sentence for the offence under Section 302 IPC was reduced to 25 years without remission.
ORDER :
1. Leave granted.
2. Notice was issued on 23-07-2021 limited to the question of quantum of sentence.
3. The appellant was convicted for the offences punishable under Sections 363, 366, 201, 376 AB, 302 of the Indian Penal Code (IPC), Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) by the Trial Court, and was sentenced to capital punishment for the offence punishable under Section 302 of IPC amongst other sentences.
4. The High Court of Madhya Pradesh, Principal Seat at Jabalpur vide impugned Judgment dated 20-02-2020 partly allowed the appeal preferred by the appellant, while confirming the conviction and the punishments imposed for the other offences, modified the sentence of death penalty for the offence under Section 302 to the life imprisonment for the actual period of 35 years (without remission).
5. After having heard learned counsels for the parties at length, carefully perusing the material placed on record and considering the relevant provisions of the IPC and POCSO Act, we are of the considered opinion that the interest of justice would be met if the sentence of the appellant is reduced to 25 years (without remission) from 35 years (without remission) as passed by the High Court, for the offence under Section 302 IPC. It is ordered accordingly.
6. The appeal stands partly allowed accordingly.
Murder – There cannot be any sentence/punishment less than imprisonment for life if an accused is convicted for offence punishable under Section 302 IPC.
Rape of minor girl – When alleged acts or omissions constitute offence both under IPC and POCSO Act then, law which prescribes punishment of greater degree would have to be applied – Fields of operat....
The court has the discretion to reduce the sentence based on the period already served by the appellant.
The court upheld the conviction under Section 304 Part I IPC while modifying the sentence to the time already served due to mitigating circumstances.
Sentence – Court has to balance scales of retributive justice and restorative justice.
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