VidhiSangh

Supreme Court of India · 22/04/2019

KUMAR GHIMIREY versus THE STATE OF SIKKIM

[2019] 6 S.C.R. 203 · 2019 INSC 549

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside enhancement of a POCSO sentence from seven to ten years in the accused’s appeal because no notice or opportunity to oppose enhancement had been given. Although a High Court may exercise suo motu revisional powers even without a State appeal, it must follow the prescribed safeguards. The Court rejected a further reduction to five years, considering the evidence and seriousness of the offence against a seven-year-old child, and otherwise affirmed the High Court judgment.

Issues

  1. Whether sentence could be enhanced in the accused’s appeal without notice.
  2. Whether absence of a State appeal excluded the High Court’s revisional power.
  3. Whether the seven-year sentence should be reduced further.

Provisions considered

Held

Result

Appeal partly allowed. Enhancement from seven to ten years set aside; seven years under the POCSO Act and one month under Section 341 IPC maintained. The remainder of the High Court judgment affirmed.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 203.