Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
1 year, 1 month ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

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The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown on the account of the fact that the accused. The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society. Quantum of Sentence On question that whether the sentence of death as such is liable to be affirmed, the Court noted that Section 6 of the POCSO Act stipulates punishment for aggravated penetrative sexual assault shall not be less than 20 years but which may extend to imprisonment for life and the third contingency is that the punishment can be of death. In the light of the above, the Court opined that, "the appellant, who was aged 53 years at the time when charge was framed against him on 10.03.2021, would deserve the sentence provided under the second option under Section 6 of the POCSO Act, which would extend to imprisonment for life for the remainder of his natural life keeping in view the fact that the crime as such was committed by the natural guardian i.e.

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