“22. No doubt, the court should have to take the aggravating as well as mitigating circumstances into consideration while awarding the punishment but it is seen from the record that the accused has committed the offences punishable u/s 370(A)(1)(2) R/W 34 of The Indian Penal Code along with 4 & 5 of the PITA Act, 1956 and 12 of The Protection Of Children From Sexual Offences Act, 2012 which are against the minor girl. No doubt, the accused is married & no one is to look after his family & he has a old aged parents & there is no antecedents against his name but the same can not be the mitigating circumstances as the offences committed by the accused are against the victim minor girl by which the accused is not entitled for the lenient view as contended by the accused & his learned counsel or the beneft of the provisions laid down under The Probation of Offenders Act, of 1958. Therefore, taking into consideration the facts & circumstances of the case, as discussed above, including the evidence on record I am going to impose the following sentences to the accused as provided u/s 370(A)(1)(2) R/W 34 of The I.P.C along with 4 & 5 of the PITA Act, 1956 & 12 of The Protection Of Children From Sexual Offences Act, 2012 which would certainly meet out the ends of justice from both the sides.”
