VidhiSangh

Supreme Court of India · 05/07/2023

STATE OF U.P versus SONU KUSHWAHA

[2023] 10 S.C.R. 993 · 2023 INSC 603

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Summary

The Court restored the respondent’s conviction and ten-year rigorous-imprisonment sentence for aggravated penetrative sexual assault on a child below twelve. The established act attracted Section 5(m), and the applicable pre-2019 Section 6 allowed no sentence below ten years. Completion of the reduced sentence and subsequent personal circumstances could not justify departing from that statutory minimum.

Issues

  1. Whether the established penetrative assault on a child below twelve fell within Section 5(m) POCSO rather than the lesser offence.
  2. Whether rehabilitation or completion of the High Court’s reduced sentence permitted punishment below the statutory minimum.

Provisions considered

Held

Result

State’s appeal allowed; High Court judgment set aside and trial court judgment restored, including ten years’ rigorous imprisonment and Rs.5,000 fine under Section 6. Surrender within one month directed to serve the remaining sentence; non-bailable warrant on default.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 993.