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Rajasekar vs. The State rep. by the Inspector of Police

Not available · 2024 INSC 96Decided 5 Feb 2024
Not available
Justice Vikram Nath · Justice Satish Chandra Sharma

Background

The appellant was convicted under Section 3(a) read with Section 4 of the POCSO Act by the Sessions Court, which sentenced him to ten years' rigorous imprisonment with a fine and directed compensation of Rs. 1,00,000 to the victim. The Madras High Court dismissed his appeal and upheld the conviction and sentence. The Supreme Court had earlier restricted its notice to only the question of the quantum of sentence, not the conviction itself.

Decision Breakdown

Since only the sentence was under challenge, the Supreme Court confirmed the conviction under the POCSO Act but, considering the totality of the circumstances placed before it, held that the ends of justice would be served by reducing the sentence to the period of imprisonment the appellant had already undergone. The appeal was accordingly allowed in part, and the appellant was ordered to be released forthwith unless required in another case.

Lesson Learnt

Even where a conviction is upheld, the Supreme Court retains discretion to moderate the sentence based on the specific facts and circumstances of the case when only the quantum of punishment (not guilt) is in question.

Official source (sci.gov.in)View Judgment (PDF)

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