BINDHYACHAL BAITHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Learned Counsel for the parties on Sentence.

(2.) Learned Senior Counsel for the Appellant/Convict submitted that this Court consider sympathetically the circumstances of the Appellant's family while imposing sentence as his wife is not earning, he has three dependent children, of which the daughter is attending college and two sons are school going. That, his prolonged incarceration would in fact affect them adversely. That, since twenty years' has been prescribed under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the 'POCSO Act'), as the minimum imprisonment, that be the only sentence to be imposed on him and not life imprisonment as also prescribed in the provision.

(3.) Learned Additional Public Prosecutor submits that he has no objection to the submissions put forth by Learned Senior Counsel for the Appellant.