The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …
Allowing a government appeal, the Allahabad High Court recently awarded life imprisonment to a man who had committed a murder in the year 1982. With this, the High Court set aside the acquittal order passed in favor of the accused by the Special Judge, Fatehpur in the year 1983.The Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar emphasized …
The Kerala High Court in a recent judgment held that the Sessions Court is not empowered to specify the period of incarceration or impose a special category sentence while interpreting the dictum in Swamy Sraddhananda v. State of Karnataka.A Division Bench of Justice Vinod K. Chandran and Justice C. Jayachandran upon noting that the trial court had sentenced the accused. …
![[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court](https://www.livelaw.in/h-upload/2022/11/06/442792-karnataka-high-court-pocso.jpg)
