RAKESH GURUNG @ CHANDAN @ PRAKASH Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal has been preferred by the Appellant assailing the Judgment and Order on Sentence, both dated 30.08.2014, passed by the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 ( hereinafter "POCSO Act, 2012" ), South Sikkim at Namchi, in Sessions Trial Case No. 2 of 2013, whereby the Appellant was convicted under Section 10 of the POCSO Act, 2012 and Section 354B of the Indian Penal Code, 1860 ( hereinafter "IPC" ). He was sentenced to undergo simple imprisonment of seven years and to pay a fine of Rs.50,000/- (Rupees fifty thousand) only, under Section 10 of the POCSO Act, 2012, with a default clause of imprisonment. For the offence under Section 354B of the IPC, he was sentenced to undergo simple imprisonment for a period of four years and to pay a fine of Rs.50,000/- (Rupees fifty thousand) only, also with a default stipulation. The Sentences were ordered to run concurrently and the amount of fine, if paid, was to be made over to the minor Victim by way of compensation.

(2.) Before this Court, while advancing his arguments contrary to the prayer in the Appeal, Learned Legal Aid Counsel for the Appellant submitted that he does not seek to assail the conviction but prays that the Sentence of imprisonment under Section 10 of the POCSO Act, 2012 i.e. seven years be reduced to the minimum period prescribed for the offence i.e. five years, considering the fact that the Appellant is a young man and ought to be allowed to rehabilitate in society.

(3.) Learned Additional Public Prosecutor on his part submitted that the Sentence of imprisonment handed out by the Learned Trial Court under Section 10 of the POCSO Act, 2012 brooks no interference, bearing in mind the gravity of the offence which was committed by the Appellant (aged about 22 years), on a minor Victim (aged about 11 years), hence the Appeal be dismissed.