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V. SRISHANANDA
State Of Karnataka, Through Bhalki Town Police Station, Bidar District – Appellant
Versus
Shaik Rouf, S/o. Pasha Miyan – Respondent
JUDGMENT :
1. The present appeal is filed by the State with the following prayer:
a) GRANT LEAVE to appeal against the judgment and order of Inadequate punishment /sentence dated: 07.09.2015 passed by the Learned Special Judge and Additional District and Sessions Judge at Bidar, in Special Case No.58/2014 may be modified by imposing maximum punishment and imposing fine amount to the respondent for offence punishable under Section 376 of IPC and Section 4 of the POCSO Act, 2012.
b) Modify the order dated: 07.09.2015 passed by the Learned Special Judge and Additional District and Sessions Judge, Bidar, in Special Case No.58/2014 where by imposing maximum sentence on the respondent for the offence punishable under Section 376 of IPC and Section 4 of the POCSO Act of 2012.
c) CONVICT AND SENTENCE the respondent/ accused for all the offences with which he has been charged in accordance with law, in the interest of justice and equity.”
2. Brief facts which are necessary for disposal of the
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 ruled that under Section 42 of the POCSO Act, the appellant should only be punished under the provision providing the greater penalty, affirming the conviction but modifying the sentence.
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....
It is not open to a Court to impose a punishment lesser than minimum that is prescribed and only discretion vest is between lesser punishment and maximum punishment.
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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