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