Convict Sentenced to 10 Years Rigorous Imprisonment; Victim Awarded Rs. 10.50 Lakhs Compensation
In a significant judgment, the Delhi High Court upheld the conviction of Deepak under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for the offences of kidnapping and aggravated penetrative sexual assault. The court rejected the application for probation, affirming that the POCSO Act, being a special legislation with prescribed minimum punishments, takes precedence over the Probation of Offenders Act, 1958.
The Division Bench, comprising Justices Navin Chawla and Ravinder Dudeja, delivered the verdict on May 20, 2026, thereby setting aside an earlier trial court decision. Deepak, the respondent, was sentenced to rigorous imprisonment for 10 years and fined Rs. 10,000 under Section 6 of the POCSO Act. Additionally, he received concurrent sentences under Sections 366, 363, and 342 of the Indian Penal Code (IPC).
The case dates back to 2014, with Deepak, aged 21 at the time, being the sole breadwinner for his family. The defense argued for leniency citing his age and lack of criminal history. However, the court emphasized the gravity of the offence and the legislative intent behind the POCSO Act to deter sexual crimes against minors. Drawing from precedents, including the Supreme Court's judgment in Kishore Prasad v. State of Bihar, the court underscored that the Probation of Offenders Act is inapplicable where statutes like POCSO impose mandatory minimum sentences.
In addition to the sentencing, the court awarded compensation to the victim, a minor, considering the emotional trauma and her age. The court directed a compensation of Rs. 10.50 lakhs under the POCSO Act and the Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, recognizing the severe impact on the victim's life.
The judgment reinforces the judicial stand on stringent punishment for offences under the POCSO Act and highlights the court's responsibility in ensuring victim compensation. The Delhi High Court's decision serves as a crucial reminder of the legal system's commitment to protecting children's rights and delivering justice.
Bottom line:-
The provisions of the Probation of Offenders Act, 1958, are not applicable in cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), as POCSO is a special legislation prescribing minimum punishment for certain offences.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Sections 6, 33(8); Probation of Offenders Act, 1958 - Sections 4, 6; Indian Penal Code, 1860 - Sections 366, 363, 342; Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 396, formerly Section 357 Cr. PC)
State of NCT of Delhi v. Deepak, (Delhi)(DB) : Law Finder Doc id # 2902494
