On December 2, the Division Bench of the Bombay High Court Bench at Nagpur, reduced a man's life sentence for offences under the Protection of Children from Sexual Offences (POCSO) Act, taking into account his young age at the time of the offence and his familial responsibilities. The convict's life sentence was reduced to 14 years in prison by a bench of Justices Vinay Joshi and Vrushali Joshi, who noted,

"There is no denial that the accused was a young boy of 20 years shouldering the responsibility of his widowed sister and her son. Moreover, he has no father. There can be no dispute that the accused has committed an offence relating to innocent child who has not even seen the world. If he has been incarcerated for considerable period that would serve the purpose. The imprisonment for a term of 14 years would be adequate, to teach him a lesson."

"Imposition of 14 years terms would require him to still remain behind bars for further considerable period. Therefore, we are of the considered view to maintain the conviction, but, to reduce the sentence to undergo rigorous imprisonment for 14 years with fine along with default clause," the Court held.

The Court was hearing an appeal challenging the sentence imposed on the appellant by a special POCSO court in Akola, convicting him for raping a minor girl. The special court had imposed a sentence of life term till the end of his natural life in jail. This, the appellant claimed, was too harsh a punishment.

The Judge said "There is no straitjacket formula for sentencing an accused on proof of the crime. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances. The principle of proportionality prescribes that the punishments should reflect the gravity of the offence and also the criminal background of the convict".

The Court was hearing an appeal challenging the sentence imposed on the appellant by a special POCSO court in Akola, convicting him for raping a minor girl. The special court had imposed a sentence of life term till the end of his natural life in jail. This, the appellant claimed, was too harsh a punishment.

As per the prosecution, on September 24, 2013, the appellant had given ₹5 to a seven-year-old girl living in the neighbourhood to bring him an oil sachet. When she went to his house to deliver the oil sachet, he pulled her in, made her stand on a chair and raped her.

Case Title: Pradip @ Golu Dandge vs State of Maharashtra
Citation: CRIMINAL APPEAL NO. 419 OF 2019.
Link: https://bombayhighcourt.nic.in/ordqrywebcase_action.php