Supreme Court Reduces POCSO Sentence from Life Imprisonment to Twenty Years.


In Pintu Thakur Ravi & Others v/s State of Chhattisgarh the Supreme Court of India recently partially allowed appeals from individuals convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012. While upholding their conviction, the Court reduced their sentence from life imprisonment (for the remainder of their natural life) to twenty years of rigorous imprisonment.


The appellants had initially been convicted by a Special Court under the POCSO Act, and this conviction was affirmed by the High Court of Chhattisgarh. Their counsel presented a two-fold argument before the Supreme Court: first, challenging the conviction itself, and second, seeking a reduction in the sentence if the conviction was upheld.


   

The Supreme Court declined to interfere with the conviction, finding no reason to overturn the judgments of the lower courts. However, it carefully considered the plea for sentence reduction, specifically referencing Section 6 of the POCSO Act. This section outlines the punishment for aggravated penetrative sexual assault, stating a minimum of ten years but which may extend to imprisonment for life, and shall also be liable to fine.

The Court noted that while the Special Court had imposed life imprisonment for the remainder of natural life, it had not considered any mitigating circumstances. The Supreme Court highlighted that the minimum sentence under Section 6 of the POCSO Act is twenty years, not life imprisonment.

Considering that the appellants were in their early twenties at the time of the incident and had already served five years of incarceration, the Court determined that reducing the sentence to twenty years would serve the interest of justice. This decision means the appellants, who are now in their mid-twenties, would be in their early forties upon completing the minimum sentence, allowing them a chance at rehabilitation after serving their time.


Consequently, the appeals were allowed in part, with the sentence being reduced to twenty years of rigorous imprisonment.


Section 6, Protection of Children from Sexual Offences Act - 2012  

Protection of Children from Sexual Offences Act, 2012