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SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
Puran Vishal S/o Mohit Vishal – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. This criminal appeal filed by the accused-appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 02.08.2018, passed in Special Criminal Case No. 42 of 2017 (State of Chhattisgarh v. Puran Vishal), by the Special Judge, constituted under the provisions of the Protection of Children from Sexual Offences Act, 2012 (for brevity the “POCSO Act”) Mahasamund (C.G.) whereby he has been convicted and sentenced as under:
| Conviction | Sentence |
| U/s. 06 of POCSO Act (on three counts) | Imprisonment for life with fine of Rs. 1,000/- on each count and in default of payment of fine amount, additional rigorous imprisonment for 01 month on each count. |
| U/s. 377 of IPC (on three counts) | Imprisonment for life with fine of Rs. 1,000/- on each count and in default of payment of fine amount, additional rigorous imprisonment for 01 month on each count. |
| U/s. 506 (Part-II) of IPC (on three counts) | Rigorous imprisonment for 07 years with of Rs. 1,000/- on each count and in default of payment of fine amount, additional rigorous imprisonment for |
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 affirmed the conviction under the POCSO Act while ruling that the appellant cannot be punished under both the POCSO Act and IPC for the same act, modifying the sentence accordingly.
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 clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
(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....
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....
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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