Supreme Court Upholds 20-Year Sentence in Child Sexual Assault Case

suprim court
28/05/2025

New Delhi: The Supreme Court of India has dismissed a Special Leave Petition (SLP) seeking a reduction in the 20–year rigorous imprisonment sentence of a 23-year-old man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO).

The bench, comprising Justices B.V. Nagarathna and Satish Chandra Sharma, ruled that the sentence aligns with the minimum statutory punishment mandated under Section 6 of the POCSO Act, which addresses aggravated penetrative sexual assault.

The convict was found guilty of sexually assaulting a six-year-old child. His counsel argued for leniency, citing his young age and the potential impact of a lengthy incarceration on his future. Additionally, the defense highlighted a six-day delay in filing the First Information Report (FIR) and questioned the lack of immediate medical attention by the victim’s parents, who are medical assistants.

However, Justice Nagarathna emphasized the gravity of the offense and the legislative intent behind the 2019 amendment to the POCSO Act, which increased the minimum punishment for such crimes to 20 years. She stated, “It is a heinous offence—sexual assault on a six-year-old minor. It is a Parliamentary section which mandates 20 years; how can the Court reduce?”

The Court also noted that the petitioner’s claim of juvenility was previously rejected, confirming that he was above 18 years at the time of the offense. Given these factors, the Supreme Court found no grounds to interfere with the sentence imposed by the lower courts.

This decision reinforces the judiciary’s commitment to upholding stringent punishments for crimes against children, as outlined in the POCSO Act.

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