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SATISH CHANDRA SHARMA, VIKRAM NATH
Rajasekar – Appellant
Versus
State rep. By The Inspector of Police – Respondent
ORDER
1. Leave granted.
2. The Appellant before us is aggrieved by the judgement dated 26.10.2021 passed by the High Court of Judicature at Madras in Criminal Appeal No. 176 of 2017 whereby the High Court dismissed the appeal preferred by the Appellant and confirmed the judgement dated 03.02.2017, passed by the Sessions Court--convicting the Appellant for offences u/S. 3(a) r/w Sec. 4 of the Protection of Children from Sexual Offences (‘POCSO’) Act, 2012.
3. At the outset, it must be noted that vide order dated 12.07.2022, this Court issued notice only on the quantum of sentence awarded to the Appellant. Therefore, only that limited question is required to be considered by this Court.
4. Vide the judgement of the Sessions Court, the Appellant was sentenced to undergo ten years RI along with a fine of INR 5,000 with a default clause to undergo SI for three months. The State Government was also directed to pay INR 1,00,000 to the victim as compensation under Rule 7(2) of the POCSO Rules, 2012. The sentence imposed by the Sessions Court was confirmed by the High Court without any modification.
5. Learned Counsel for the Appellant submits that at the time of conviction, the minimum sentence
Quantum of sentence can be altered to meet ends of justice.
Aggravated penetrative sexual assault - Minimum sentence of twenty years can be imposed in place of higher punishment of life imprisonment for remainder of natural life of convict.
The court has the discretion to consider the age and mitigating circumstances of the appellant in modifying the sentence, in accordance with the provisions under Section 376(2)(i) of the Indian Penal....
Conviction under POCSO Act upheld; sentence modified to statutory minimum considering time served.
Sentencing under the POCSO Act must adhere to the law in effect at the time of the offense, and courts can consider the duration of custody when determining appropriate sentences.
Sentencing must align with the law in force at the time of the offence. Appellate courts possess the inherent authority to direct that multiple sentences arising from a single transaction run concurr....
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