Sikkim High Court
Xxx vs State Of Sikkim on 28 October, 2024
Bench: Meenakshi Madan Rai, Bhaskar Raj Pradhan
HIGH COURT OF SIKKIM
Record of Proceedings
Crl. A. No.05 of 2022
XXX Appellant
VERSUS
State of Sikkim Respondent
Date : 28-10-2024
CORAM : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
For Appellant Mr. Gulshan Lama, Advocate (Legal Aid Counsel).
For Respondent Mr. Yadev Sharma, Additional Public Prosecutor.
ORDER
Rai, J.
The matter is posted for hearing on enhancement of
Sentence.
Vide Judgment of this Court dated 25-09-2024, notice
to show cause was issued upon the Appellant as to why his
sentence under Section 376 of the of the Indian Penal Code,
1860 (hereinafter, the "IPC"), alone shall not be enhanced to
Section 376AB of the IPC and Sections 5(l), 5(m) and 5(n) of
the Protection of Children from Sexual Offences Act, 2012
(hereinafter, the "POCSO Act, 2012").
Heard Learned Counsel for the parties.
Learned Counsel for the Appellant submits that the
minimum imprisonment prescribed under the said provisions
be imposed considering that the Appellant is only 34 years of
age, has a mother of 80 years who is dependent on him and
for whom he is the sole caregiver besides, there are no
reasons to conclude that he would be a danger to the society
if he is incarcerated for the minimum period prescribed.
Learned Additional Public Prosecutor on the other hand
submits that the offence was a heinous one having been
committed on a child of 5 years however, he has no objection
to the submissions advanced by the Learned Counsel for the
Appellant on the aspect of imposition of sentence.
Considered submissions.
HIGH COURT OF SIKKIM
Record of Proceedings
We have examined the evidence led by the Prosecution
in detail and are satisfied that the essential ingredients of
Section 376AB of the IPC as well as Sections 5(l), 5(m) and
5(n) of the POCSO Act, 2012, have been established beyond
reasonable doubt. Therefore, we convict the Appellant under
Section 376AB of the IPC as well as Sections 5(l), 5(m) and
5(n) of the POCSO Act, 2012.
The Appellant is accordingly sentenced to undergo
rigorous imprisonment of 20 years under Section 376AB of
the IPC and to pay fine of ₹ 5,000/- (Rupees five thousand)
only, in default to undergo rigorous imprisonment of further 2
months.
For the offence under Sections 5(l) and 5(n) of the
POCSO Act, 2012, the Appellant is sentenced to undergo
rigorous imprisonment for a term of 20 years each and shall
pay a fine of ₹ 5,000/- (Rupees five thousand) only, each
under each of the offences, in default to undergo rigorous
imprisonment of further 2 months each under each of the
sections.
In view of the provisions of Section 71 of the IPC, no
sentence need be imposed on the Appellant under Section
5(m) of the POCSO Act, 2012, punishable under Section 6 of
the POCSO Act, 2012.
Appeal disposed of accordingly.
Copy of this Order be forwarded to the Learned Trial
Court for information along with its records.
A copy of this Order also be made over to the
Appellant/Convict through the Jail Superintendent, Central
Prison, Rongyek and to the Jail Authority at the Central
Prison, Rongyek, for information and appropriate steps.
Judge Judge
28-10-2024 28-10-2024
ds/bp/sdl
