Partly allowed

Chhotu Son of Ramdayal v. State of Rajasthan

Rajasthan HC12 Dec 2024CRLAD/145/2022

Case brief

AI extract

What is this about?

Conviction under Section 376-AB IPC and Sections 5/6 POCSO Act was upheld, but the sentence of life imprisonment for the remainder of natural life was reduced to rigorous life imprisonment because the offence predated the 2019 amendment prescribing that sentence.

What did the court decide?

Sentence modified from life imprisonment till remainder of natural life to rigorous life imprisonment; conviction and fine unaltered.

Chhotu Son of Ramdayal Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:51203-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Appeal (Db) No. 145/2022

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Chhotu Son Of Ramdayal, Resident Of Bada Mohalla, Bhusavar, District Bharatpur. (Accused Is Confined In Central Jail, Bharatpur)

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----Appellant

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Versus

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State of Rajasthan, Through P.p.

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----Respondent

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For Appellant(s) : Mr. Hemant Gupta For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. Mr. Gaurav Gupta, Asst. G.A.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order

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12/12/2024

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The matter comes upon an application (1/2024) for early listing.

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Application for early listing is allowed.

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With the consent of both the sides, the present appeal is taken up for hearing today itself.

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Appellant has preferred this appeal aggrieved by order dated 13.05.2022 passed by Special Judge, Protection of Children from Sexual Offences whereby the appellant has been convicted by for the offence under Section 376-AB of the I.P.C. and Sections 5/6 of POSCO Act and awarded sentence of life imprisonment for the remainder of natural life with the fine of Rs.2,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment of three months.

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It is contended by learned counsel for the appellant that appellant is not challenging the judgment of conviction, his only

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[2024:RJ-JP:51203-DB]

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[CRLAD-145/2022]

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(2 of 2)

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prayer is that the trial Court has erred in imposing the sentence of life imprisonment till natural life. It is also contended that the amendment in Section 6 of the Protection of Children from Sexual Offences Act was made effective on 16.08.2019. The present incident took place on 21.03.2019. It is contended that prior to the amendment, the sentence provided for aggravated penetrative sexual assualt was rigorous imprisonment for a term not less than ten years but may extend to imprisonment for life and shall also be liable to fine.

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We have considered the contentions.

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The learned counsel for the accused has not challenged the conviction order, his only prayer is that his sentence be reduced from life imprisonment till remainder of life to rigorous life imprisonment. Taking note of the fact that the child was one and a half year old child who was subjected to aggravated penetrative sexual assualt and life imprisonment till remainder of life was not the sentence then prevailing, we deem it proper to partly allow the appeal, while upholding the judgment of conviction, the sentence is modified and now the appellant has to undergo rigorous life imprisonment instead of life imprisonment till remainder of his natural life. The fine awarded by the learned trial Court as well as imprisonment in lieu of non-payment of fine shall remain unaltered.

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The D.B. Criminal Appeal is partly allowed.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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DAKSH/71

Chhotu Son of Ramdayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chhotu Son of Ramdayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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