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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
PM Modi embarks on three-nation visit beginning with Jordan
New Delhi (PTI): Prime Minister Narendra Modi on Monday embarked on a visit to Jordan, Ethiopia and Oman -- countries which enjoy civilizational ties and exceptional bilateral relations with India.
"First, I will be visiting Jordan, on the invitation of His Majesty King Abdullah II ibn Al Hussein. This historic visit will mark 75 years of establishment of diplomatic relations between our two countries," the prime minister said in his departure statement.
Modi will hold detailed discussions with Jordanian King Abdullah II ibn Al Hussein, Prime Minister Jafar Hassan, and will also meet Crown Prince Al Hussein bin Abdullah.
In his first visit to Ethiopia, the prime minister will address the Joint Session of Parliament and share his thoughts on India's journey as the "Mother of Democracy" and the value that the India-Ethiopia partnership can bring to the Global South.
The prime minister will also hold discussions with Ethiopia's Prime Minister Abiy Ahmed Ali and meet the Indian diaspora.
"On the final leg of my journey, I will visit the Sultanate of Oman. My visit will mark 70 years of the establishment of diplomatic ties between India and Oman," Modi said.
In Muscat, the prime minister will hold discussions with the Sultan of Oman on strengthening the Strategic Partnership as well as a strong commercial and economic relationship.
"I will also address a gathering of the Indian diaspora in Oman, which has contributed immensely to the country's development and in enhancing our partnership," Modi said.
