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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Pawan Kumar, S/o. Santosh Kumar – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred by the accused-appellant claiming the following relief:
2. The appellant laid a challenge to the judgment of conviction and order of sentence dated 09.01.2019 passed by the learned Special Judge, Protection of Children From Sexual Offences Act Cases, Distt. Churu, in Session Case No.52/2018 (14/2016) (State of Rajasthan Vs. Pawan Kumar), whereby the accused-appellant has been
Sentencing under the POCSO Act must adhere to the law in effect at the time of the offense, and courts can consider the duration of custody when determining appropriate sentences.
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....
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....
protection of society and stamping out criminal proclivity must be the object of law which can be achieved by imposing appropriate sentence on criminals and wrongdoers. Law, as a tool to maintain ord....
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....
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....
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