Summary
In its judgment of 19.04.2022, the Supreme Court commuted the appellant's death sentence for murder to life imprisonment. It also imposed 20 years, rather than imprisonment for the rest of his natural life, for the offence under Section 376A IPC. But it left untouched the life sentences, meaning the remainder of natural life, for offences under Sections 376(2)(i) and 376(2)(m) IPC and Section 6 of the POCSO Act. On an application treated as a review, the Court held that leaving those sentences intact would defeat its deliberate balancing of retributive and restorative justice under Section 376A. The State conceded the POCSO point, since the relevant amendment came after the offence. The Court substituted 20 years' rigorous imprisonment for each of those offences, leaving the rest of the judgment unchanged.
Issues
- Whether, having reduced the sentence under Section 376A IPC to twenty years instead of imprisonment for the remainder of natural life, the Court should correspondingly modify the life sentences for offences under Sections 376(2)(i) and 376(2)(m) IPC and Section 6 of the POCSO Act.
Provisions considered
- Sections 376(2)(i), 376(2)(m) and 376A, Indian Penal Code, 1860Life imprisonment under these provisions means the remainder of natural life; to keep faith with the twenty-year term under Section 376A, the sentences under Section 376(2)(i) and (m) were reduced to twenty years. (¶¶ 4, 6, 7)
- Section 6 read with Section 5(i) and 5(m), Protection of Children from Sexual Offences Act, 2012The State accepted that the amended punishment of life for the remainder of natural life postdated the offence, and the sentence was reduced to twenty years. (¶¶ 2, 6, 7)
Held
- Though styled as a clarification, the application in substance sought review of the sentences, and was treated as a review petition. (¶¶ 2, 3)
- Since the Court had consciously imposed twenty years instead of imprisonment for the remainder of natural life under Section 376A to balance retributive and restorative justice, confirming life sentences for the other sexual offences would frustrate that purpose. (¶ 6)
Result
Review petition allowed; the sentences for offences under Sections 376(2)(i) and 376(2)(m) IPC and Section 5(i) and 5(m) read with Section 6 of the POCSO Act modified to twenty years' rigorous imprisonment each; the judgment dated 19.04.2022 in Criminal Appeal No. 612 of 2019 otherwise unchanged.