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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Phool Chand Dhobi S/o Govind – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay Kumar Jaiswal, J.
1. This criminal appeal under Section 374(2) of the CrPC preferred by the appellant-accused herein against the impugned judgment of conviction and order of sentence dated 08.11.2019 passed by the learned Additional Sessions Judge (FTC), Durg, District – Durg (C.G.) in Special Criminal Case No. 165/2016 by which the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| U/s 376 (2)(F) of IPC & 06 of POCSO Act, 2012. [However, punished only U/s 376 (2)(F) of IPC, as the same is higher in degree to that of S.06 of POCSO, as provided U/s 42 of POCSO Act, 2012] | Rigorous imprisonment for life till death with fine of Rs. 5,000/-, in default of payment of fine amount additional R.I. for 06 months. |
[However, punished only U/s 376 (2)(F) of IPC, as the same is higher in degree to that of S.06 of POCSO, as provided U/s 42 of POCSO Act, 2012] Rigorous imprisonment for life till death with fine of Rs. 5,000/-, in default of payment of fine amount additional R.I. for 06 months.
2. The case of the prosecution, in brief, is that complainant Aarti Mishra, W/o Shri Gyandutt Mishra, on 29.10.2016 lodged a written r
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 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 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....
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 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.
The judgment reinforces the evidentiary standards in sexual assault cases under the POCSO Act, particularly the weight of victim testimony and the statutory presumption of guilt.
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 a defendant cannot receive separate sentences for identical acts under different statutes, affirming conviction for one count while reducing the life sentence to 10 years based o....
The court emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, de....
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