Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
Partly allowing an appeal against conviction of an accused under Section 4 of the Protection of Children from Sexual Offences Act as well Section 376 of IPC, the Bombay High Court has said although the accused is held guilty under both counts, he can only be sentenced under one which has greater punishment.A bench of Justice AM Badar was hearing an appeal filed by one. Partly allowing an appeal against conviction of an accused under Section 4 of the Protection of Children from Sexual Offences Act as well Section 376 of IPC, the Bombay High Court has said although the accused is held guilty under both counts, he can only be sentenced under one which has greater punishment. However, the court accepted the contention raised by the accused’s lawyer Yashpal Thakur, that trial court ought not to have sentenced the accused to 10 years under the offence of rape when he had already been sentenced to 10 years under S.4 of the POCSO Act. Setting aside the sentence under S.376, the court noted: “Under Section 42 of POCSO Act, in case of commission of a crime that constitutes an offence punishable under the said Act as well as an offence punishable under Section 376 of the IPC, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under the POCSO Act or under the IPC, as provided for punishment which is greater in degree.”
Bombay High Court acquits a father convicted of raping his daughter by trial court
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