HC reduces life sentence in POCSO case; cites lack of justification for maximum penalty
Bengaluru, Jun 24: The Karnataka High Court has reduced the sentence of an accused in a POCSO Act case from life imprisonment to 10 years, emphasising the need for valid reasons when imposing the maximum penalty.
The accused, a 27-year-old man from Chikkamagaluru, had his appeal partially allowed by a division bench consisting of Justices Sreenivas Harish Kumar and C M Joshi. However, the court increased his fine from Rs 5,000 to Rs 25,000.
The case involved the accused befriending and repeatedly sexually assaulting a minor girl in his neighborhood in June 2016. The girl's mother filed a complaint in December 2016 after finding that her daughter was pregnant.
A DNA test confirmed the accused as the biological father. The police registered an FIR and filed a charge-sheet following their investigation.
On June 11, 2018, a special court in the district headquarters town of Chikkamagaluru sentenced the accused to life imprisonment under Section 6 of the POCSO Act and imposed a Rs 5,000 fine after finding him guilty of criminal intimidation.
The accused challenged the verdict in the High Court, arguing that the girl's age had not been proven with proper documents.
The division bench, upon reviewing the case, noted that the oral testimony suggested the girl's consent, although it was legally irrelevant given her actual age of 12 at the time of the incident.
The bench remarked that this indication of consent opposed the imposition of the maximum sentence under Section 6 of the POCSO Act.
It concluded that the special court had not provided sufficient reasons for imposing the maximum life sentence.
According to the law as it stood on the date of the crime, Section 6 of the POCSO Act allowed for a minimum sentence of 10 years' rigorous imprisonment and a maximum of life imprisonment.
The court ruled that imposing the maximum sentence required valid reasons, which were absent in the special court's judgment. Consequently, the court, in its recent order, modified the sentence to 10 years' imprisonment.
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People are voting fearlessly in West Bengal this time: PM Modi
Hardoi (UP) (PTI): Prime Minister Narendra Modi on Wednesday said voters
are casting their vote in West Bengal this time in a "fearless atmosphere", which was unimaginable in the past six or seven decades.
He also asserted that the assembly poll results on May 4 will further strengthen the resolve of a developed India.
Voting is underway in 142 constituencies of West Bengal in the second and final phase of polling.
Addressing a gathering after the inauguration of the Ganga Expressway here, Modi said today marks an important day in the festival of democracy.
"Voting for the second phase is underway in Bengal, and reports indicate a massive turnout, with people stepping out in large numbers just like in the first phase. Images of long queues at polling stations are flooding social media, reflecting the enthusiasm of the people to exercise their democratic right," he said.
"What we are witnessing in Bengal today is unprecedented which was difficult to imagine in the past six to seven decades, a fearless environment where people are voting without fear," he said.
The prime minister said this is a powerful symbol of the country's Constitution and the strengthening of democracy.
"I express my gratitude to the great people of Bengal for being so aware of their rights and participating in large numbers," he said.
With several hours of voting still left, the prime minister urged the people of Bengal to continue participating in this democratic festival with the same enthusiasm.
Modi said in the recent Bihar Assembly elections, the BJP and NDA achieved a historic and decisive victory.
"Just yesterday, results of local body elections in Gujarat showed that the BJP secured victories in nearly 80 to 85 percent of municipalities and panchayats.
"The results on May 4 will further strengthen the resolve of a developed India and will infuse new energy into the pace of development of the country."
The first phase of polling for 152 seats -- out of the 294-member West Bengal assembly -- was held on April 23.
The counting of votes for assembly polls in Kerala, West Bengal, Puducherry, Assam and Tamil Nadu will take place on May 4.
