HC uses appellate court powers to sentence rape convict to 20 years in jail as against 7 years given by trial court

CHHATRAPATI SAMBHAJINAGAR: Awarding a sentence less than the minimum statutory sentence prescribed under an Act is not permissible, the Bombay high court’s Aurangabad bench has held while sentencing a rape convict to 20 years in jail as against the 7 years given by a special court in Nanded on June 20, 2024, in a case under POCSO Act of 2012.

The bench of Justice Rajnish R Vyas on Feb 6 exercised the appellate court’s powers under Section 386 of the Code of Criminal Procedure (CrPC) to sentence the convict in the rape of a a 15-year-old girl, to 20 years in jail instead of the previously awarded sentence.

“The trial court has rightly convicted but has not imposed statutory minimum sentence on the accused,” the bench said. “The increase in the length of sentence may be a consequence of awarding the statutory minimum sentence (20 years for conviction under Section 6 of POCSO Act i.e. aggravated penetrative sexual assault), but it cannot be called an enhancement of the sentence,” said Justice Vyas.