KARNA BAHADUR BISWAKARMA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The only challenge in the instant Appeal is to the sentence meted out to the Appellant, which was for a period of twenty years each, under Ss. 5(l) and 5(j) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012, as amended in 2019 (hereinafter, 'POCSO Act'), vide the impugned Order on Sentence dtd. 8/9/2023.

(2.) Learned Counsel for the Appellant submits that, the FIR Exbt-9 was lodged on 26/2/2020 and the child was delivered by the victim of sexual assault, on 30/3/2020. If the dates are computed backwards it is evident that the child was conceived in the month of July, 2019. That, such a circumstance would indicate that, the offence took place before the amendments were inserted in the Protection of Children from Sexual Offences, 2012, vide the Amendment Act, 2019, w.e.f. 16/8/2019. That prior to the said amendment, the penalty provided under Sec. 6 of the POCSO Act for the offences under Ss. 5(l) and 5(j) was ten years, whereas the amendment of 2019 has enhanced it to twenty years. That, in view of the fact that the Prosecution failed to specify the exact date of the offence, and in view of the foregoing submissions, the penalty may be reduced to ten years in terms of the POCSO Act, 2012, instead of twenty years as meted out by the Learned Trial Court, in terms of the 2019 amendment to the Act.

(3.) Per contra, Learned Additional Public Prosecutor submits that there is no error in the findings and the penalty imposed by the Trial Court.