Patna High Court Releases Man Convicted Under Wrong POCSO Provision

Last Updated on November 26, 2024 by Athi Venkatesh

The Patna High Court has ordered the release of a man convicted of raping his 12-year-old niece in 2014. The court found that the trial court had erroneously sentenced him under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The division bench, led by Justices Jitendra Kumar and Ashutosh Kumar, clarified that Section 6 of the POCSO Act was not applicable to this case. In 2014, Section 6 did not include a life sentence for the offense. Instead, the bench noted that the offense fell under Section 4 of the Act, punishable with imprisonment of 7 years to life, as amended before 2019.

The court stated that the victim, being over 12 years old, ruled out aggravated penetrative sexual assault under Section 5 of the POCSO Act. The crime matched the definition of penetrative sexual assault under Section 4 of POCSO and Section 376(1) of the IPC, which prescribe similar penalties.

The appellant had been sentenced to rigorous life imprisonment and a fine of ₹50,000. The High Court reduced this sentence to the time already served. It noted that the man, in custody since May 2014, had served over 10 years, which it deemed sufficient considering his advanced age.

The court enhanced the victim’s compensation from ₹4,00,000 to ₹5,00,000, directing the District Legal Services Authority to pay the revised amount within two months. The appellant must still pay the ₹50,000 fine, which will go to the victim.

While allowing the appeal, the High Court ruled that the trial court had incorrectly applied the law. The appellant will now be released immediately.