STATE OF GUJARAT Vs. PANKAJBHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.09.2014 passed by the learned Special Judge (POCSO), Amreli (hereinafter referred to as "Special Court") in Special POCSO Case No.1/2014 insofar as not awarding the adequate punishment to the original accused who has been held guilty for the offence punishable under section 376 of the Indian Penal IPC, 1860 (hereinafter referred to as "IPC") and section 4 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act, 2012"), the State has preferred the present Criminal Appeal for enhancement of the punishment and sentence imposed by the learned Special Court.

(2.) At the outset it is required to be noted that by impugned judgment and order the learned Special Court has as such convicted the original accused for the offence punishable under section 376 of the IPC and section 4 of the POCSO Act, 2012 and while convicting the original accused for the aforesaid offences, the learned Special Court has imposed the sentence of 7 years' RI with fine of Rs.10,000/ and in default of payment of fine to undergo further 1 year's SI for the offence punishable under section 376 of the IPC and has sentenced the original accused to undergo 7 years' RI with fine of Rs.5000/ and in default of payment of fine to undergo further 6 month's SI for the offence punishable under section 4 of the POCSO Act, 2012. The learned Special Court has also passed an order to pay Rs.11,000/ out of the fine amount to the victim / prosecutrix towards compensation under section 357 of the Code of Criminal Procedure, 1973. The learned Special Court has also passed an order to undergo both the aforesaid sentences concurrently.

(3.) At the outset it is required to be noted that so far as the impugned judgment and order of conviction passed by the learned Special Court convicting the original accused for the offence punishable under section 376 of the IPC and section 4 of the POCSO Act, 2012 is concerned, it has as such attained finality, as the accused has accepted the same and has not challenged the same by way of appeal. Therefore, the only question which is posed for consideration of this Court is whether in the facts and circumstances of the case the learned Special Court is justified in imposing the sentence of 7 years' RI while convicting the original accused for the offence punishable under section 376 of the IPC and while imposing 7 years' RI for the offence punishable under section 4 of the POCSO Act, 2012 and/or whether in the facts and circumstances of the case imposing the sentence of minimum provided under section 376 of the IPC and section 4 of the POCSO Act, 2012 can be said to be adequate punishment commensurate with the offences committed by the original accused?