Summary
The Court modified the sentence for rape of a child under twelve after the High Court commuted the death sentence to life imprisonment. It imposed thirty years’ rigorous imprisonment, inclusive of time already served, a Rs 1 lakh fine for the victim, and concurrent imprisonment for the kidnapping conviction.
Issues
- Whether the sentence imposed after commutation of the death sentence required further modification.
- Whether separate sentences were required for the POCSO Act offences and how the fine should be addressed.
Provisions considered
- Sections 363 and 376AB, Indian Penal Code, 1860For the Section 376AB conviction, the Court set a 30-year term, including time already served, and a Rs 1 lakh fine for the victim; the Section 363 sentence runs concurrently. (¶¶ 11-16, 17-22)
- Sections 3, 4, 5(m), 6 and 42, Protection of Children from Sexual Offences Act, 2012Section 42 requires the greater punishment under the IPC or POCSO; no separate POCSO sentence was imposed after the modified Section 376AB sentence. (¶ 17-20)
Held
- A sentence under Section 376AB may be life imprisonment for the remainder of natural life or a fixed term of at least twenty years. On the facts, the appropriate modified term was thirty years’ rigorous imprisonment. (¶ 11-16)
- The thirty-year term includes imprisonment already undergone and any applicable set-off. A Rs 1 lakh fine was imposed for the victim; the sentence for Section 363 runs concurrently. (¶ 17-21)
- Applying Section 42 POCSO, no separate sentence was imposed for the POCSO offences in addition to the greater modified IPC punishment. (¶ 19-20)
Result
The special leave petition was partly allowed. The conviction was maintained, the Section 376AB sentence was modified to thirty years’ rigorous imprisonment with a Rs 1 lakh fine, and release before completion of the actual thirty-year term was barred.