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ILESH J. VORA, S. V. PINTO
State Of Gujarat – Appellant
Versus
Harendrakumar Jayendraprasad Mishra – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. This enhancement appeal is being filed by the State of Gujarat under Section 377 of the Code of Criminal Procedure, 1973 against the judgment and order of sentence dated 26.04.2017, passed in Special Pocso Case No. 21 of 2015 whereby, the respondent accused came to be tried for the offence punishable under Section 376 of Indian Penal Code and Section 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. At the end of the trial, the respondent accused came to be convicted for the offence of rape and he was directed to undergo 10 years simple imprisonment and fine of Rs.10000/- and default thereof, to suffer simple imprisonment for 6 months. The respondent accused also convicted and sentenced for the offence punishable under Section 4 and 8 of the POCSO Act, for which, he was directed to undergo simple imprisonment for 7 years and fine of Rs.5000/- and in default, to suffer simple imprisonment for 2 months and convicted and sentenced under Section 8of the POCSO Act and was directed to undergo 3 years simple imprisonment and fine of Rs.5000/- in default thereof, SI for 2 months. The trial Court ordered that the s
The Appellate Court should not interfere with the trial Court's sentencing unless the sentence is manifestly inadequate or perverse.
The appellate court upheld the trial court's discretion in sentencing, affirming that minimal sentences for stalking and sexual harassment did not warrant enhancement without strong justification.
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 absence of direct evidence and the victim's communication difficulties justified the trial Court's lenient sentence for rape, which was upheld by the appellate court.
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 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....
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 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 found that the conviction for aggravated sexual assault under Section 9(m) should be rectified to aggravated penetrative sexual assault under Section 5(m), reflecting the severity of the cr....
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