Home / Crime and Justice / Bombay HC Enhances Rape Sentence to 20 Years Under POCSO
Bombay HC Enhances Rape Sentence to 20 Years Under POCSO
13 Feb
Summary
- Bombay high court increased a rape sentence to 20 years.
- The original sentence was 7 years under the POCSO Act.
- The court cited the minimum statutory sentence for the crime.
The Bombay high court's Aurangabad bench has enhanced a rape conviction sentence, increasing it from 7 years to 20 years. This action was taken in a case involving the rape of a 15-year-old girl, prosecuted under the Protection of Children from Sexual Offences (POCSO) Act of 2012.
The appellate court, exercising its powers, found that while the trial court had correctly convicted the accused, it failed to impose the minimum statutory sentence. The bench emphasized that sentences below the statutory minimum are not permissible under the law.
Consequently, the court applied the mandatory 20-year sentence prescribed under Section 6 of the POCSO Act for aggravated penetrative sexual assault. The bench clarified that this increase is a result of adhering to the statutory minimum, not an arbitrary enhancement of the sentence.
