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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Bhaskar Raj Pradhan, JJ
Karna Bahadur Biswakarma – Appellant
Versus
State Of Sikkim – Respondent
| Table of Content |
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| 1. determination of sentencing applicability based on the date of the offence relative to statutory amendments. (Para 1 , 2 , 3 , 6) |
| 2. appellate powers to correct sentencing errors and the application of concurrent sentences for single transactions. (Para 4 , 5 , 7 , 8 , 9 , 10) |
| 3. final disposal of the criminal appeal with modifications noted. (Para 11 , 12 , 13 , 14) |
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 amendments were inserted in the Protection of Children from Sexual Offences, 2012,
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