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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Pintu Thakur @ Ravi Etc. – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Leave granted.
2. Being aggrieved by the judgment dated 26.04.2024 passed in Criminal Appeal No.1686/2023 and Criminal Appeal No.2130/2023 passed by the High Court of Chhattisgarh, the appellants are before this Court. By the said judgment, the appellants were convicted as under:
| Conviction Under Section | Jail Sentence Rigorous | Fine | In Default of Payment of Fine |
| 363 of the Indian Penal Code (for short, the IPC) | 5 years | Rs.500/- | 1 month |
| 366 of the IPC | 5 years | Rs.500/- | 1 month |
| 342 of the IPC | 1 year | ||
| Section 6 of the POCSO Act, 2012 | Imprisonment for life which shall mean imprisonment for the remainder of natural life | Rs.15,000/- | 2 months |
| All the sentences have been directed to run concurrently. | |||
3. Learned counsel for the appellants made a two-fold submission: firstly, he contended that the very conviction of the appellants by the Additional Sessions Judge Fast Track Special Court (POSCO Act) Ramanujganj, District Balrampur in Special Sessions (POCSO) Case No.36/2020 was erroneous.
4. Secondly, it was submitted that if this Court is not inclined to interfere with the con
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....
Quantum of sentence can be altered to meet ends of justice.
Sentence – Constitutional bar against retrospective imposition of a harsher penalty under Article 20(1) is clear and absolute.
Sentence – Court has to balance scales of retributive justice and restorative justice.
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....
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.
The minimum sentence for aggravated penetrative sexual assault under the POCSO Act was 10 years at the time of the offence, which must be adhered to despite subsequent amendments increasing the minim....
The minimum punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act was 10 years at the time of the offence, necessitating a modification of the appellant's sentence fro....
The court upheld minimum mandatory sentences for sexual offences against minors, emphasizing no discretion in reducing sentences despite the circumstances.
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