Sikkim High Court Upholds POCSO Conviction, Reduces Sentence

The High Court of Sikkim has upheld the conviction of Bed Prakash Adhikari under the Protection of Children from Sexual Offences (POCSO) Act, 2012 for sexually assaulting a six-year-old girl. However, the court reduced his sentence from seven years to five years considering his family's financial hardship and the fact that this was his first offense.

Court's Observations

• Heinous Crime: The court acknowledged the gravity of the offense committed against a minor child.
• Mitigating Factors: The court considered the appellant's family circumstances, including his wife's illness and the financial burden on his family due to his incarceration.
• Balanced Approach: The court aimed to strike a balance between the severity of the crime and the mitigating circumstances of the appellant.

Sentence Modification

• Reduced Imprisonment: The court reduced the sentence from seven years to five years of simple imprisonment.
• Fine Imposed: The appellant was also ordered to pay a fine of ₹5,000, with an additional one-month imprisonment in case of default.
• Set-Off: The period of imprisonment already undergone by the appellant during the investigation and trial will be set off against the imposed sentence.

Conclusion