Case Note & Summary
The case involved an appeal by the State of U.P. against a judgment of the High Court that modified the conviction of the respondent for aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The respondent was initially convicted by the Special Judge for multiple offences, including aggravated penetrative sexual assault, and sentenced to ten years of rigorous imprisonment. The High Court, however, reduced the conviction to penetrative sexual assault under Section 4 of the POCSO Act, leading to a seven-year sentence. The Supreme Court examined the definition of 'penetrative sexual assault' and 'aggravated penetrative sexual assault' as per the POCSO Act, noting that the victim was under twelve years old at the time of the offence. The court highlighted that the High Court erred in its interpretation, as the act committed by the respondent clearly fell under aggravated penetrative sexual assault due to the victim's age. The Supreme Court emphasized the mandatory nature of the minimum sentence under Section 6 of the POCSO Act, stating that the law does not allow for leniency in such cases. The court restored the original sentence of ten years and directed the respondent to surrender to serve the remaining sentence, dismissing the High Court's judgment. The decision underscored the serious implications of child sexual offences and the necessity for stringent punishment.
Headnote
A) Criminal Law - Aggravated Penetrative Sexual Assault - Definition and Applicability - Protection of Children from Sexual Offences Act, 2012, Section 6 - The court found that the respondent committed aggravated penetrative sexual assault on a child below twelve years, thus attracting Section 6 of the POCSO Act. The High Court's conclusion that the offence was merely penetrative sexual assault under Section 4 was erroneous. Held that the minimum sentence prescribed must be imposed (Paras 9-12).
Issue of Consideration
Whether the respondent is guilty of aggravated penetrative sexual assault under Section 6 of the POCSO Act.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's judgment, and restored the original conviction and sentence of ten years rigorous imprisonment under Section 6 of the POCSO Act, along with a fine of Rs.5,000. The respondent was directed to surrender within one month to serve the remaining sentence.
Law Points
- aggravated penetrative sexual assault
- minimum sentence
- POCSO Act
- definition of penetrative sexual assault
- sentencing discretion
