BIR BAHADUR LIMBOO KHECHEOPALRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. Gulshan Lama, learned Legal Aid Counsel appearing for the appellant and Mr. S.K. Chettri, learned Additional Public Prosecutor, Sikkim appearing for the respondent.

(2.) This appeal is directed against the judgment dated 27.03.2019 passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012, (POCSO Act), East District, in Sessions Trial (POCSO) Case No. 7 of 2017 convicting the appellant under Section 3 (a)/4 of POCSO Act, 2012 and Section 376 (l) IPC and the order of sentence dated 28.03.2019 whereby the appellant was sentenced to suffer SI for a period of 7 years and fine of Rs.10,000/- under Section 3 (a) punishable under Section 4 of the POCSO Act, in default of payment of fine, to undergo SI for two months and to suffer RI for a period of 7 years and fine of Rs.10,000/- under Section 376 (l) IPC, in default of payment of fine, to undergo SI for two months.

(3.) It is to be noted at the very outset that for an offence under Section 376(1) IPC, except for an offence under Section 376(2) IPC, minimum punishment prescribed is rigorous punishment which shall not be less than ten years. However, the learned trial court inexplicably sentenced the appellant with RI for seven years while convicting him under Section 376(1) IPC. It is impermissible in law to award sentence which is less than the statutorily prescribed punishment.