STATE Vs. PAPPU

JUDGEMENT

(1.) The present appeal has been filed by the appellant/State being aggrieved by the order on sentence passed by the learned Additional Sessions Judge whereby pursuant to the conviction of the respondent for offences punishable under Sec. 363 IPC and Sec. 10 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), vide order on sentence dtd. 10/2/2015, the respondent was released on the period undergone. In this regard, it would be relevant to note the concluding paragraphs of the order on sentence passed by the learned Special Judge.

(2.) It is apparent that the learned Special Court grossly erred in noting the fundamental fact that the conviction under Sec. 10 of POCSO Act entails a maximum punishment of imprisonment for five years with fine whereas as per the Sec. 10 of POCSO Act, it entails a minimum punishment of imprisonment for five years with fine and a maximum punishment of imprisonment for seven years with fine.

(3.) Sec. 10 of the POCSO Act reads as under :