Court emphasized minimum sentencing under POCSO Act, ensuring justice for child victims and correcting leniency granted for serious offenses.

JUDGMENT

Mukta Gupta, J. (Oral)--The present appeal has been filed by the appellant/State being aggrieved by the order on sentence passed by the learned Additional Sessions Judge whereby pursuant to the conviction of the respondent for offences punishable under Section 363 IPC and Section 10 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act'), vide order on sentence dated 10th February, 2015, the respondent was released on the period undergone. In this regard, it would be relevant to note the concluding paragraphs of the order on sentence passed by the learned Special Judge.

"6. I have considered the rival submissions made by the Ld.APP and of counsel for convict. It is an admitted case that this is the first offence of the convict u/s 363 IPC and Section 10 of POCSO Act which is punishable with maximum imprisonment for five years with fine. Convict is stated to be having responsibility of his family. In the facts, and circumstances, having regard to the fact that this is the first offence of the convict, that offence u/s 363 IPC and 10 of POCSO Act is punishable with maximum five years imprisonment, to the economic condition of the convict's family and recommendation for probation made by the Probation Officer, Rohini, therefore, convict deserves to be given a chance for reformation by taking a lenient view. Accordingly, prayer of counsel for convict is accepted. Instead of sentencing the convict to punishment, convict is given the benefit of probation and is directed to file a personal bond of good behaviour and conduct in the sum of Rs.10,000/- with one surety in the like amount for a period of one year with the condition that he shall remain under the supervision of Probation Officer, Rohini Court for one year and shall report before the Probation Officer once every month and shall not commit similar offence during this period of one year and if any such offence is brought to the notice of this court during this period of one year, then this court will be at liberty to impose appropriate sentence upon the convict u/s 363 IPC and Section 10 of POCSO Act.

7. Copy of order be also sent to Probation Officer, Rohini Court for compliance.

8. Coming now to the aspect of compensation to the victim, who is a minor girl aged about 4 years, the Hon'ble Apex Court has time and again observed that that subordinate Courts trying the offences of sexual assault have the jurisdiction to award the compensation to the victims being an offence against the basic human right and violative of Article 21 of the Constitution of India. In a case tided as Bodhisattwa Gautam vs. Subhra Chdkraborty, AIR 1996 SC 922, it has been held by Hon'ble Supreme Court that the jurisdiction to pay compensation (interim and final) has to be treated to be a part of the overall jurisdiction of the Courts trying the offences of rape, which is an offence against basic human rights as also the Fundamental Rights of Personal Liberty and Life.

9. Even otherwise, the concept of welfare and well being of children is basic for any civilized society and this has a direct bearing on the state of health and well being of the entire community, its growth and development. It has been time and again emphasized in various legislations, international declarations as well as the judicial pronouncements that the Children are a "supremely important national asset" and the future well being of the nation depends on how its children grow and develop. In this regard reference is made to the following observations of Hon'ble Supreme Court in case of Laxmi Kant Pandey Vs. Union of India, (1984)2 SCC, 244, that:

"The child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into their maturity, into fullness of physical and vital energy and the utmost breath, depth and height of its emotional intellectual and spiritual being; oth