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VIKRAM NATH, SANDEEP MEHTA
Satauram Mandavi – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal arises from the judgment dated 05.09.2023 passed by the High Court of Chhattisgarh, whereby the appellant’s appeal challenging the judgment of conviction dated 30.11.2021 rendered by the Trial Court was dismissed. By the said judgment, the appellant was convicted under Section 376AB of the Indian Penal Code, 1860 [IPC.] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [POCSO] and sentenced to imprisonment for life, meaning imprisonment for the remainder of his natural life, along with a fine of Rs. 10,000/-.
3. The facts, in brief, are as follows:
3.1. On 26.06.2019, the father of the prosecutrix (PW-3) lodged FIR No. 37/2019 at Police Station Vishrampur, Kondagaon, Chhattisgarh. He stated that on 20.05.2019, he, his wife, and mother had gone to attend a marriage ceremony in the village, leaving their two children at home. The prosecutrix, then aged about 5 years, was playing outside the house. When his wife was later unable to locate their daughter, she went to the appellant’s house and questioned him about her whereabouts. Upon being confronted, the appellant fled.
3.2. The FIR was registered aga
Sentence – Constitutional bar against retrospective imposition of a harsher penalty under Article 20(1) is clear and absolute.
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.
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 acquitted the accused of kidnapping and rape due to lack of evidence proving absence of consent, establishing that retrospective application of law violates constitutional safeguards.
The court ruled that the punishment must align with the law in force at the time of the offence, emphasizing that the minor's inability to consent invalidates any claims of consensual relations.
(1) Any act of sexual assault or sexual harassment to children should be viewed very seriously.(2) Child needs extra protection – No leniency can be shown to an accused who has committed offences und....
Sentence – Court has to balance scales of retributive justice and restorative justice.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
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