STATE OF U.P. Vs. SONU KUSHWAHA

JUDGEMENT

(1.) The only question involved in this appeal is whether the respondent is guilty of an offence of aggravated penetrative sexual assault punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').

(2.) The respondent-accused was prosecuted for the offences punishable under Ss. 377 and 506 of the Indian Penal Code, 1860 (for short, 'IPC') and Sec. 5 read with Sec. 6 of the POCSO Act. The learned 8th Additional Sessions Judge, Jhansi who was the Special Judge under the POCSO Act convicted the respondent for all three offences. The respondent was sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Sec. 6 of the POCSO Act and was directed to pay a fine of Rs.5,000.00­. The respondent was sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Sec. 377 of IPC. For the offence punishable under Sec. 506 of IPC, he was sentenced to undergo rigorous imprisonment for one year. For the last two offences, a fine was also imposed.

(3.) The respondent preferred Criminal Appeal No.5415 of 2018 before the High Court of Judicature at Allahabad. By the impugned judgment, the High Court held that the respondent was guilty of the offence of penetrative sexual assault punishable under Sec. 4 of the POCSO Act and not the offence of aggravated penetrative sexual assault punishable under Sec. 6 of the POCSO Act. Therefore, his substantive sentence for the offence punishable under the POCSO Act was brought down to imprisonment for seven years with a fine of Rs.5,000.00­. Only to this extent, the appeal was allowed.