Summary
The Court had issued notice only on sentence and left the conviction for sexual assault under the POCSO Act undisturbed. Considering the circumstances, it reduced the sentence to the period already undergone and directed release unless the appellant was required in another case.
Issues
- Whether the sentence for the confirmed POCSO conviction should be reduced to the period already undergone.
Provisions considered
- Sections 3(a) and 4, Protection of Children from Sexual Offences Act, 2012The conviction was confirmed and the sentence was reduced to time served; victim compensation directed by the Sessions Court remained undisturbed. (¶ 2-7)
Held
- The Court’s notice was limited to sentence. The conviction under Section 3(a) read with Section 4 was confirmed. (¶ 2-6)
- The sentence was reduced to the period already undergone; the appellant was to be released unless required in another case. The Sessions Court’s compensation direction was not disturbed. (¶¶ 4, 6-7)
Result
The appeal was partly allowed on sentence; conviction remained confirmed and the appellant was ordered released unless required elsewhere.