Full Judgment Text
2024 INSC 96
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2024
[Arising out of Special Leave Petition (Crl.) No(s). 5104 of 2022]
RAJASEKAR …APPELLANT(S)
VERSUS
THE STATE REP. BY THE
INSPECTOR OF POLICE …RESPONDENT(S)
O R D E R
1. Leave granted.
2. The Appellant before us is aggrieved by the judgement
dated 26.10.2021 passed by the High Court of Judicature at
Madras in Criminal Appeal No. 176 of 2017 whereby the High
Court dismissed the appeal preferred by the Appellant and
confirmed the judgement dated 03.02.2017, passed by the
Sessions Court--convicting the Appellant for offences u/S. 3(a)
r/w Sec. 4 of the Protection of Children from Sexual Offences
(‘ POCSO ’) Act, 2012.
3. At the outset, it must be noted that vide order dated
Signature Not Verified
Digitally signed by
SONIA BHASIN
Date: 2024.02.09
16:55:01 IST
Reason:
12.07.2022, this Court issued notice only on the quantum of
SLP(Crl.) No. 5104 of 2022 Page 1 of 3
sentence awarded to the Appellant. Therefore, only that limited
question is required to be considered by this Court.
4. Vide the judgement of the Sessions Court, the Appellant
was sentenced to undergo ten years RI along with a fine of INR
5,000 with a default clause to undergo SI for three months. The
State Government was also directed to pay INR 1,00,000 to the
victim as compensation under Rule 7(2) of the POCSO Rules,
2012. The sentence imposed by the Sessions Court was
confirmed by the High Court without any modification.
5. Learned Counsel for the Appellant submits that at the time
of conviction, the minimum sentence prescribed u/Sec. 4 of the
POCSO Act was seven years and as on date, the Appellant has
already served more than seven years of his sentence. It is also
submitted that the Appellant is providing for the day-to-day
expenses of the victim and her child and therefore, further
imprisonment will impact not only his family but also the
victim’s. On these grounds, Learned Counsel presses for
leniency.
6. Having heard the Learned Counsel for the parties and
considering the totality of the circumstances of the case, we are
of the view that the ends of justice would be met if the period of
imprisonment awarded against the Appellant is reduced to the
period already undergone by him. Accordingly, the appeal is
allowed in part. The conviction of the Appellant u/s. u/S. 3(a) r/w
SLP(Crl.) No. 5104 of 2022 Page 2 of 3
Sec. 4 of the POCSO Act, 2012 is hereby confirmed. However,
the sentence imposed by the Sessions Court and confirmed by the
High Court is hereby modified and reduced to the period already
undergone by the Appellant.
7. The Appellant be set at liberty forthwith in case he is not
required in any other case.
8. With the aforesaid, the appeal stands disposed of. Pending
application(s), if any, shall also stand disposed of.
……………………………………J.
(VIKRAM NATH)
……………………………………J.
(SATISH CHANDRA SHARMA)
NEW DELHI
FEBRUARY 05, 2024
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