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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Suman Gurung – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Appellant was convicted of the offences under Section 376(2)(n) and Section 376(3) of the INDIAN PENAL CODE , 1860 (hereinafter, the 'IPC'), with Section 5 (j)(ii) and Section 5 (l), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter the 'POCSO' Act), vide the Judgment dated 15-07-2021, in Sessions Trial (POCSO) Case No.07 of 2020, by the Court of Learned Special Judge (POCSO), West Sikkim, at Gyalshing.
2. The Order on Sentence dated 16-07-2021, meted out the following to the Appellant;
'a. For commission of the offence under Section 376(2)(n), IPC, 1860, the convict is sentenced to undergo RI of the minimum sentence prescribed, of a term of 10 years and to pay a fine of Rs.5,000/-. In default of payment of fine, the convict shall undergo RI for one year.
b. for commission of the offence under Section 376(3), IPC, 1860 the convict is sentenced to undergo RI for the minimum sentence prescribed, of a term of 20 years and to pay a fine of Rs.10,000/-. In default of payment of fine, the convict shall undergo RI for two years.
c. for commission of offence as defined under Section 5 (j)(ii) punishable
The court upheld minimum mandatory sentences for sexual offences against minors, emphasizing no discretion in reducing sentences despite the circumstances.
Conviction under POCSO Act requires corroboration of testimony, and sentencing can be reduced based on personal circumstances of the offender.
Quantum of sentence can be altered to meet ends of justice.
The minimum sentence under the POCSO Act must be imposed without discretion, ensuring adherence to the statutory provisions regarding child sexual offenses.
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 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....
Aggravated penetrative sexual assault - Minimum sentence of twenty years can be imposed in place of higher punishment of life imprisonment for remainder of natural life of convict.
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....
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