SPLA/28/2022
2022 Latest Caselaw 498 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

                    SRI JUSTICE S.K. MISHRA, A.C.J.
                                AND
                     SRI JUSTICE R.C. KHULBE, J.

03RD MARCH, 2022

SPECIAL LEAVE TO APPEAL No. 28 OF 2022 WITH GOVERNMENT APPEAL No. 08 OF 2022

Between:

State of Uttarakhand.

...Appellant and

Bikky.

...Respondent

Counsel for the appellant. : Mr. J.S. Virk, the learned Deputy Advocate General assisted by Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand.

Counsel for the respondent. : None.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

Special Leave to Appeal No. 28 of 2022 :-

This is an application for grant of leave to

appeal against the judgment and order rendered by the

Court of learned District and Sessions Judge/Special

Sessions Judge, Champawat in Special Session Trial No.

19 of 2018 dated 04.02.2021.

2. Heard Mr. J.S. Virk, the learned Deputy

Advocate General, perused the impugned judgment, and

considered the grounds taken by the State of

Uttarakhand in the Appeal memo.

3. The offence was held to have been committed

on 17.06.2018. At that time, Section 4 of the Protection

of Children from Sexual Offences, Act, 2012 (hereinafter

referred to as the "POCSO Act"), was not amended. The

amendment to Section 4 of the POCSO Act was carried

out by Act No. 25 of 2019. By the said amendment the

minimum punishment for penetrative sexual assault has

been increased to ten years from the earlier prescribed

seven years.

4. It is a settled principle of law that penalty

provisions, or penal sections are prospective in

operation. So, we do not find any illegality in the

impugned judgment and order dated 04.02.2021 passed

by the learned District and Sessions Judge/Special

Sessions Judge, Champawat in Special Session Trial No.

19 of 2018 awarding the minimum sentence of seven

years to the respondent-convict. In this case also the

offence of aggravated penetrative sexual assault is not

made out, which is punishable under Section 6 of the

POCSO Act.

5. In that view of the matter, we are of the

opinion that there is no merit in the application for

Special Leave to Appeal. Hence, the leave is not

granted and the Special Leave to Appeal No. 28 of 2022

is dismissed.

Government Appeal No. 08 OF 2022

6. Since Special Leave to Appeal has not been

granted, the Government Appeal No. 08 of 2022 is not

maintainable against the judgment and order dated

04.02.2021.

________________ S.K. MISHRA, A.C.J.

____________ R.C. KHULBE, J.

Dt: 03rd March, 2022 Rahul