Supreme Court’s Visionary: Crafting Balance for Section 376 AB and POCSO Act Offense
TITLE: BHAGGI @ BHAGIRATH @ NARAN V. THE STATE OF MADHYA PRADESH
CITATION: SPECIAL LEAVE PETITION (CRL.) NO.2888 OF 2023
DECIDED ON: 5 FEBRUARY 2024
CORAM: JUSTICE C.T. RAVIKUMAR, JUSTICE RAJESH BINDAL
Facts of the Case
The case, involving Special Leave Petition (Crl.) No.2888 of 2023, originated from the High Court of Madhya Pradesh at Jabalpur, with the petitioner-convict challenging the judgment in Criminal Appeal No.5725 of 2018. The petitioner was convicted under Section 376 AB of the Indian Penal Code (IPC) as amended by Act No.22 of 2018, and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The High Court’s decision commuted the capital punishment to life imprisonment.
Issues Involved:
Whether the High Court’s judgment, the petitioner’s convictions under specific sections, and the commutation of the death penalty is valid or not. Further, regarding that, the court grappled with considerations such as the manner of the offence, medical evidence, rehabilitation prospects, and the overall nature of the crime.
Legal Provisions:
The legal framework included Section 376 AB of the IPC, as amended by Act No.22 of 2018, and the POCSO Act, under which the petitioner was convicted.
Court’s Observation and Analysis
The Supreme Court meticulously examined various aspects. It delved into the specifics of how the offence occurred, considered the relevance of medical evidence, and evaluated the potential for rehabilitation and reformation of the convict. The Court weighed the gravity of the offence, particularly in light of the application of Section 376 AB, IPC, emphasizing the need for deterrent punishment. Ultimately, the sentence was modified to 30 years of rigorous imprisonment with a fine of Rupees One Lakh, while maintaining concurrent convictions under Section 376 AB, IPC, and Section 363, IPC. The Court also addressed the imposition of separate sentences under the POCSO Act and directed the full execution of the 30-year term, subject to certain considerations.
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Written by- Komal Goswami