J U D G M E N T

MUKTA GUPTA, J. (ORAL)

1. 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 maximum five years imprisonment, to the economic condition of the convict’s family and re