,Karnataka High Court Reduces POCSO Convict’s Sentence from Life Imprisonment to 10 Years
In a significant ruling, the Karnataka High Court has reduced the life imprisonment sentence of a 27-year-old man convicted under the POCSO Act to 10 years, citing the need for valid reasons when imposing the maximum penalty. The division bench, comprising Justices Sreenivas Harish Kumar and C M Joshi, also increased the accused’s fine from ₹5,000 to ₹25,000. The court emphasized that while the special court had initially sentenced the man to life imprisonment, it had failed to provide sufficient justification for the maximum penalty.
The case involved the accused befriending and repeatedly sexually assaulting a minor girl in Chikkamagaluru in June 2016, resulting in her pregnancy. Despite the girl’s age being legally significant and established as 12 at the time, the High Court noted that oral testimony suggested the girl’s consent, though legally irrelevant. This indication of consent was among the factors that influenced the reduction of the sentence from life imprisonment to the statutory minimum of 10 years under Section 6 of the POCSO Act.
The bench concluded that the special court did not offer adequate reasons for imposing the life sentence and thus adjusted the penalty accordingly. This decision underscores the judiciary’s stance on the necessity of providing valid reasons when opting for maximum punishments, aligning with the legislative framework of the POCSO Act which mandates a minimum of 10 years and a maximum of life imprisonment for such offenses.
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