Record of Proceedings v. PINTSO BHUTIA

Mr. Yadev Sharma, Additional Public Prosecutor. Mr. Sujan Sunwar, Assistant Public Prosecutor. For Respondent Mr. Udai P. Sharma, Advocate (Legal Aid Counsel). Respondent in person.

O R D E R Judgment pronounced in open Court. Detailed Judgment vide separate sheets of paper. Appeal allowed. Let the Respondent surrender before this Court by 02.00 p.m. today, for hearing on Sentence.

02.00 p.m. ORDER ON SENTENCE Heard Learned Counsel for the parties on Sentence. It is submitted by Learned Additional Public Prosecutor that considering that the offence was committed by the Respondent an adult, on a child who was below twelve years of age, maximum imprisonment prescribed under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the “POCSO” Act) be imposed on him. That, so far as fine is concerned, he leaves it to the discretion of this Court. Learned Legal Aid Counsel for the Respondent submits that considering that the Respondent has attended the Court all through the trial and also before this Court, that he has not at any stage hindered the trial or tampered with the witnesses, in addition to which he has no criminal antecedents, the minimum Sentence of imprisonment HIGH COURT OF SIKKIM Record of Proceedings Court No.2 prescribed under the provision be imposed on the Respondent. That, minimum fine may also be imposed in consideration of the conduct of the Respondent. Having considered the submissions of the Learned Counsel for the parties, it is relevant to note that Section 10 of the POCSO Act provides that when an aggravated sexual assault is committed, the imprisonment to be imposed shall not be less than 5 (five) years but which may extend to 7 (seven) years and he shall also be liable to fine. In consideration of the submissions put forth before this Court by Learned Counsel for the parties and to meet the ends of justice, the Respondent is sentenced to undergo simple imprisonment for 5 (five) years and to pay a fine of ₹ 500/- (Rupees five hundred) only, under Section 10 of the POCSO Act, 2012, in default thereof, to undergo simple imprisonment of one month. The period of imprisonment already undergone by the Respondent during the investigation and trial, be set off against the period of imprisonment imposed on him today. Criminal Appeal disposed of accordingly. Let the Respondent/Convict be taken into custody immediately. Registry to take necessary steps in this regard. Copy of this Judgment and Order on Sentence be made over to the Convict and also be forwarded to the Learned Trial Court along with its records. Judge 23.05.2023