On an examination of the facts and circumstances of the case, the Court found that the offence of kidnapping under Section 363 IPC would not be attracted.
Regarding the conviction for the offences under the POCSO Act, the Court found that the prosecution had proved the foundational facts.
Coming to the quantum of sentence, the Court opined that the sentence of life imprisonment was really harsh, and thus altered the sentence to 20 years’ imprisonment.
“The Criminal Appeal is partly allowed. The conviction and sentence for the offence under Section 363 IPC is set aside in toto. The conviction for the offences under Section 5(l) and 6(1) of the POCSO Act is confirmed and the life sentence is, however, reduced to 20 years of rigorous imprisonment. The fine of Rs.1,00,000/- and the default sentence of simple imprisonment for 3 months, is confirmed,” the judgment stated.
Source: Barandbench
