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SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
Anand Patro, S/o Mohan Patro – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’ for brevity) has been filed by the appellant, Anand Patro, questioning the legality, validity and correctness of the Judgment dated 11.1.2019 passed by learned Additional Sessions Judge (F.T.C.), Bastar at Jagdalpur - cum - Special Judge (Protection of Children from Sexual Offences Act, 2012) (‘Trial Court’ for brevity) in Special Sessions Case No.08 of 2017, by which the appellant has been convicted for offences under Sections 363, 342, 376 & 506 of the Indian Penal Code, 1860 (‘IPC’ for brevity) as well as under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for brevity) and sentenced thereunder in the manner as mentioned at the chart given below:-
| Conviction | Sentence |
| 1. Under Section 363 of IPC. | 1. Rigorous Imprisonment for 05 Years. 2. Fine of Rs.1000/-. 3. In default of payment of fine, to undergo additional Rigorous Imprisonment for 01 month. |
| 2. Under Section 342 of IPC. | 1. Rigorous Imprisonment for 03 months. 2. Fine of Rs.500/-. 3. In default of payment of fine, |
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 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 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....
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....
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....
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....
(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....
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.
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