(1.) Assailing the minimum sentence of rigorous imprisonment for ten years under Sec. 376(2)(f)(i)(n) of the Indian Penal Code, 1980 (for short "the IPC") with fine of Rs. 2,000.00 (Rupees two thousand) only, five years under section 10 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") with fine of Rs. 2,000.00 (Rupees two thousand) only, and three years under Sec. 354A of the Penal Code imposed by the Learned Trial Court on the Respondent/Convict, the State-Appellant is before this Court seeking imposition of the maximum sentence against the Respondent under the provisions of law under which he was convicted.
(2.) By the Judgment dated 09-06-2016, in S.T. (POCSO) Case No. 21 of 2015, in the Court of the Special Judge, Protection of Children from Sexual Offences Act, 2012, East District, at Gangtok, the Respondent was convicted of the offence under Sec. 6 and Sec. 10 of the pOcSO Act and under Sec. 376(2)(f)(i)(n) and Sec. 354A of the IPC. Since the offence punishable under Sec. 376(2)(f)(i)(n) of the Penal Code and Sec. 6 of the POCSO Act are the same, the Learned Trial Court imposed the punishment under Sec. 376(2)(f)(i)(n) of the Penal Code which is greater in degree, keeping in mind the provisions of alternative punishment provided under Sec. 42 of the POCSO Act. The impugned sentence was as follows;
(3.) The submission of Learned Additional Public Prosecutor is that the offence pertains to penetrative sexual assault by the Respondent on his own child aged about 14 years and therefore in view of the gravity of the offence, he ought to be sentenced to life imprisonment.