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Criminal LawSupreme Court of India

Pintu Thakur @ Ravi v. State of Chhattisgarh

Criminal Appeal · 2025 INSC 797Decided 27 May 2025
Criminal Appeal Nos. 2863-2864 of 2025 (arising out of SLP(Crl.) Nos. 16689-16690/2024)
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

The appellants were convicted by a Special POCSO Court in Chhattisgarh for kidnapping and aggravated penetrative sexual assault of a minor, under Sections 363, 366 and 342 of the IPC and Section 6 of the POCSO Act, and sentenced to life imprisonment meaning imprisonment for the remainder of their natural lives. The High Court of Chhattisgarh affirmed this conviction and sentence. The appellants challenged both the conviction and, alternatively, sought a reduction of the sentence.

Decision Breakdown

The Supreme Court declined to interfere with the conviction itself, finding no merit in that challenge. However, it noted that Section 6 of the POCSO Act prescribes a minimum sentence of twenty years, extendable up to life imprisonment for the remainder of natural life, and that the Trial Court had imposed the harsher end of that range without considering mitigating factors. Given that the appellants were in their early twenties at the time of the offence and had already served over five years, the Court held the interests of justice would be served by reducing the sentence to the statutory minimum of twenty years, and allowed the appeals in part on that basis.

Lesson Learnt

Even where a POCSO conviction is upheld, courts retain discretion to calibrate the sentence within the statutory range rather than defaulting to the harshest possible punishment: factors like the offender's age at the time of the crime and time already served can justify reducing a sentence to the prescribed statutory minimum.

Pintu Thakur @ Ravi v. State of Chhattisgarh – Legal Case Shots | LegalAware