HP High Court upholds life term for raping minor

Shimla, June 24

The HP High Court has upheld life imprisonment awarded to an accused under Section 6 of the POCSO Act. While upholding the judgment of the trial court, a Division Bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla observed that “the accused is related to the victim and has taken advantage of her. Hence, the imprisonment for life is not excessive and no interference is required with the same.”

The court passed the order on an appeal filed by the accused, Ram Lal, who contended that he had not committed any offence and had been falsely implicated in the case. As per the prosecution, the victim was 16 years and 10 months old on the date of the incident and was studying in Class VIII in 2014. The accused called her to his home in December 2014, as he was related to her. She went to his home in good faith. The accused bolted the door of the house and raped her. After the completion of the trial, the Sessions Court, Mandi, on August 28, 2021, convicted the accused and awarded him life imprisonment under the POCSO Act as well as under Section 376 of the IPC. Aggrieved by the judgment of the trial court, the accused filed an appeal before the High Court. While partly allowing the appeal, the court set aside the sentence awarded to the accused under Section 376 of the IPC by observing that “the accused could not have been convicted and sentenced for the commission of offences punishable under Section 376 of the IPC and as well as under Section 6 of the POCSO Act. Both these sections provide for life imprisonment. The trial court erred in convicting and sentencing the accused for the commission of an offence punishable under Section 376 of the IPC”.

It observed that “the conviction and sentence imposed by the trial court for the commission of an offence punishable under Section 6 of the POCSO Act is upheld”.