The Bombay High Court has reduced the sentence of a man convicted of assaulting a minor under the Protection of Children from Sexual Offences Act. The accused was earlier sentenced to life imprisonment. Last week, the court cut the sentence to 12 years after considering several factors during the appeal hearing.
Why the Bombay High Court reduced the life sentence
According to a report by a media report, the Bombay High Court reduced the sentence after examining several mitigating factors. The division bench of Justices Sarang Kotwal and Sandesh Patil noted that the convicted person had shown signs of reform while serving his sentence. During his time in jail, he obtained multiple educational certificates, which the court took into consideration.
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The court also observed that there was no error in the conviction by the POCSO court. However, it stated that sentencing required a broader assessment of circumstances, including conduct during incarceration.
Certificates and background cited by the court
The accused, a resident of a Ghatkopar chawl in Mumbai, was 20 years old when he was charged in December 2016 with assaulting his five-year-old neighbour. After a prolonged trial, the POCSO court convicted him in 2020.
The High Court noted that the convicted person had no prior criminal record and was not released from jail even during the COVID period. His lawyers, O P Lalwani and Gipson John, submitted certificates earned during imprisonment, which were placed on record.
These included a certificate from Tilak Maharashtra Vidyapeeth in Pune for book analysis, a certificate from Mumbai’s Ramchandra Institution for participating in an essay competition, and a certificate from Sarvodaya Mandal, Mumbai, for studying and passing an examination on Mahatma Gandhi’s philosophy.
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After examining all aspects, the bench said some leniency could be shown in sentencing. However, given the seriousness of the offence, the court ruled that the punishment must exceed 10 years. The convicted person has already served nine years of the revised 12-year sentence.
