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IN THE HIGH COURT OF SIKKIM AT GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Karna Bahadur Biswakarma alias Karnay – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. challenge to sentencing under pocso act based on date of offence. (Para 1 , 2 , 3) |
| 2. trial court's sentencing order details and findings. (Para 4 , 5) |
| 3. establishing the date of offence determines applicable sentencing provisions. (Para 6 , 7) |
| 4. appellate powers allow rectification of clerical errors and concurrent sentencing. (Para 8 , 9 , 10) |
| 5. final disposal of the criminal appeal and procedural directions. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
MEENAKSHI MADAN RAI, J.
1. The only challenge in the instant Appeal is to the sentence meted out to the Appellant, which was for a period of twenty years each, under Sections 5(l) and 5(j) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, as amended in 2019 (hereinafter, “POCSO Act”), vide the impugned Order on Sentence dated 08-09-2023.
2. Learned Counsel for the Appellant submits that, the FIR Exbt-9 was lodged on 26-02-2020 and the child was delivered by the victim of sexual assault, on 30-03-2020. If the dates are computed backwards it is evident that the child was conceived in the month of July, 2019. That, such a circumstance would indicate that, the offence took place before the a
Sentencing must align with the law in force at the time of the offence. Appellate courts possess the inherent authority to direct that multiple sentences arising from a single transaction run concurr....
Sentences imposed for multiple offences arising out of a single criminal transaction should run concurrently rather than consecutively, in accordance with the established single transaction rule.
The age of the victim is a critical factor in determining the applicability of specific provisions under the POCSO Act, and misapplication can lead to wrongful convictions.
Conviction under POCSO Act requires corroboration of testimony, and sentencing can be reduced based on personal circumstances of the offender.
Conviction under POCSO Act upheld; sentence modified to statutory minimum considering time served.
The court upheld minimum mandatory sentences for sexual offences against minors, emphasizing no discretion in reducing sentences despite the circumstances.
(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....
The legal age of consent is 18 years; any sexual intercourse with minors is statutory rape regardless of purported consent.
Penetrative sexual assault on minor child – There is no option before Court but to impose minimum sentence on accused.
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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