Benefit of Probation of Offenders Act is Inapplicable to Convictions Carrying Minimum Life Imprisonment.

The High Court set aside the acquittal and convicted Deepak for offences under Sections 363, 366, and 342 of the IPC and Section 6 of the POCSO Act.

The respondent filed an application under Section 4 of the Probation of Offenders Act, 1958, seeking release on probation of good conduct, citing his age (21 at the time of the 2014 offence), his status as a sole bread-earner for his elderly mother, and his lack of prior criminal antecedents.

At the time of the sentencing hearing in 2026, the respondent was over 21 years old.

1. Whether a convict sentenced under Section 6 of the POCSO Act is eligible for the benefit of probation under the Probation of Offenders Act, 1958

2. Whether the age of the convict for the purpose of Section 6 of the Probation of Offenders Act is determined by the date of the offence or the date of the imposition of punishment

Section 6 of the POCSO Act, which prescribes a minimum mandatory sentence of 10 years.

Probation cannot be granted for offences punishable with life imprisonment.

The age of the accused for seeking probation benefit must be assessed on the date of the sentencing order, not the date of the offence.

Special enactments like POCSO, which provide minimum mandatory sentences and were enacted after the Probation of Offenders Act, override the latter.

The Court reasoned that Section 6 of the POCSO Act is a serious offence punishable with up to life imprisonment; since the Probation of Offenders Act expressly excludes cases punishable by life imprisonment, the respondent is ineligible for probation.

On the question of age, the Court noted that while the respondent was 21 at the time of the incident in 2014, he was well over 21 on the date of conviction in 2026, thereby disqualifying him from the special protections afforded to youthful offenders under Section 6 of the Probation of Offenders Act.

The Court emphasized that the POCSO Act is a specific, subsequent legislation designed to protect children, and its mandate for minimum sentencing precludes the leniency of probation.

The respondent was sentenced to 10 years of Rigorous Imprisonment and a fine of ₹10,000 for the offence under Section 6 of the POCSO Act, with shorter concurrent sentences for the IPC offences.

The Court awarded ₹10.50 lakhs as compensation to the victim under the Compensation Scheme for Women Victims/Survivors of Sexual Assault, 2018, read with Section 33(8) of the POCSO Act.

The respondent was ordered into immediate custody.