VidhiSangh

Supreme Court of India · 06/03/2025

GYANENDRA SINGH @ RAJA SINGH versus STATE OF U.P.

[2025] 3 S.C.R. 490 · 2025 INSC 335

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Summary

A father convicted of raping his nine-year-old daughter under Sections 376(2)(f) and 376(2)(i) IPC and Sections 3/4 of the POCSO Act was sentenced by the trial court to life imprisonment; in his own appeal the High Court directed that the life term would run for the remainder of his natural life. With notice confined to sentence, the Supreme Court held that conviction under both the IPC and the POCSO Act was justified because Section 42 of the POCSO Act requires punishment under whichever law prescribes the greater punishment and Section 42A, a procedural provision, cannot override it; but the High Court erred in increasing the rigour of the sentence in the accused's appeal, so the trial court's life sentence without the natural-life stipulation was restored with an enhanced fine payable to the victim.

Issues

  1. Whether, where the same acts constitute offences under both the IPC and the POCSO Act, Section 42A of the POCSO Act requires that the accused be punished only under the POCSO Act as the special law, so as to vitiate the sentence under Sections 376(2)(f) and 376(2)(i) IPC.
  2. Whether the High Court, deciding an appeal against conviction filed by the accused with no appeal for enhancement, could direct that the life imprisonment awarded by the trial court would extend to the remainder of the accused's natural life.
  3. What sentence was warranted on the facts for the offences under the IPC and the POCSO Act.

Provisions considered

Held

Result

Appeal partly allowed; the High Court's direction that life imprisonment would mean the remainder of natural life is set aside; the trial court's sentence of life imprisonment under Sections 376(2)(f) and 376(2)(i) IPC is restored without the natural-life stipulation, with a fine of Rs 5,00,000 (in default two years' further imprisonment) payable to the victim; the trial court's life sentence under Sections 3/4 POCSO Act revived; sentences to run concurrently; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 490.