Acknowledging the appellant's age and lack of criminal history, the court offers a reduced sentence while upholding conviction.
In a significant ruling, the Bombay High Court has modified the life sentence of Kalamuddin Mohammad Isteyar Ansari alias Koail, convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012, for the aggravated penetrative sexual assault on a minor girl. The division bench comprising Justices Sarang V. Kotwal and Sandesh D. Patil reduced the sentence from life imprisonment to 12 years of rigorous imprisonment, taking into account the appellant's age at the time of the offence, his clean criminal record, and his active participation in educational and social programs during incarceration.
The appellant was initially convicted by the Special Judge in December 2020 for sexually assaulting a five-year-old girl in December 2016. The trial court had sentenced him to life imprisonment under Section 6 of the POCSO Act and imposed a fine of Rs. 1,000, with an additional compensation of Rs. 25,000 to be paid to the victim. The appellant was not separately sentenced under Section 376 of the Indian Penal Code due to the provisions of Section 42 of the POCSO Act.
Upon appeal, the High Court maintained the conviction but revised the sentence, considering several mitigating factors. At the time of the offence, the appellant was just 20 years old, and he has since demonstrated efforts to engage positively in various academic and social activities within the prison system. Certificates from educational programs and social initiatives were presented as evidence of his rehabilitation efforts.
The court also noted the appellant's continuous custody since December 2016, with no release on bail even during the COVID-19 pandemic, further supporting the decision to reduce his sentence. While acknowledging the gravity of the crime, the bench decided that a sentence of 12 years would sufficiently serve justice, exceeding the minimum sentencing threshold for such offences.
Additionally, the court upheld the trial court's directive for the appellant to pay Rs. 25,000 as compensation to the victim, in accordance with Section 33(8) of the POCSO Act, underscoring the importance of victim restitution in sexual offence cases.
This judgment reflects a balanced approach to sentencing, emphasizing both accountability for serious crimes and consideration for rehabilitation possibilities. The appeal was partly allowed, with the modified sentencing now in effect, and the appellant is entitled to set-off for time already served.
Bottom Line:
Protection of Children from Sexual Offences (POCSO) Act - Sentencing under Section 6 of POCSO Act and Section 376 IPC - Reduction of life imprisonment to 12 years rigorous imprisonment considering appellant's age, absence of criminal antecedents, and certificates showing participation in academic and social activities.
Statutory provision(s):
- Protection of Children from Sexual Offences (POCSO) Act, 2012, Sections 6, 33(8), 42
- Indian Penal Code, Section 376
- Criminal Procedure Code, Sections 428, 363
