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DELHI HIGH COURT
MUKTA GUPTA, ANISH DAYAL
State (Govt. of NCT of Delhi) – Appellant
Versus
Pappu – Respondent
| Table of Content |
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| 1. modification of sentence, appeal ruling finalized. (Para 7 , 8 , 9 , 10 , 11) |
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
The court upheld the conviction for outraging the modesty of a minor girl and committing an offence under the POCSO Act, emphasizing the importance of proving offences beyond reasonable doubt and con....
(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....
Rule 9 deals with grant of compensation.
(1) Courts must follow and implement law – Courts cannot commit violence against law.(2) Kidnapping and rape of minor girl – When such offences of rape and aggravated penetrative sexual assault are c....
Conviction under POCSO Act requires corroboration of testimony, and sentencing can be reduced based on personal circumstances of the offender.
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