XXXXXXXXXX Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The matter is posted for hearing on enhancement of Sentence.

(2.) Vide Judgment of this Court dtd. 25/9/2024, notice to show cause was issued upon the Appellant as to why his sentence under Sec. 376 of the of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), alone shall not be enhanced to Sec. 376AB of the IPC and Ss. 5(l), 5(m) and 5(n) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the 'POCSO Act, 2012').

(3.) Heard Learned Counsel for the parties. Learned Counsel for the Appellant submits that the minimum imprisonment prescribed under the said provisions be imposed considering that the Appellant is only 34 years of age, has a mother of 80 years who is dependent on him and for whom he is the sole caregiver besides, there are no reasons to conclude that he would be a danger to the society if he is incarcerated for the minimum period prescribed. Learned Additional Public Prosecutor on the other hand submits that the offence was a heinous one having been committed on a child of 5 years however, he has no objection to the submissions advanced by the Learned Counsel for the Appellant on the aspect of imposition of sentence. Considered submissions.