The Supreme Court of India on May 26 rejected a Special Leave Petition (SLP) seeking a reduction in the 20-year rigorous imprisonment awarded to a 23-year-old man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
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A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma dismissed the petition, emphasizing that the punishment granted—20 years of rigorous imprisonment—is the minimum statutory sentence prescribed under Section 6 of the POCSO Act. The Court stated that it had no grounds to interfere with the sentence.
The convict was found guilty of aggravated penetrative sexual assault on a 6-year-old minor, a heinous crime under the POCSO Act.
The convict's counsel argued for leniency, citing "extraordinary circumstances." She requested that the Court reduce the sentence using its inherent jurisdiction, noting that the petitioner was only 23 years old and that a 20-year imprisonment would ruin his life.
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The counsel also pointed out a six-day delay in filing the FIR, and mentioned that both of the victim's parents were medical assistants who allegedly did not notice any injuries or bleeding on the child's body.
However, Justice Nagarathna firmly responded, saying:
"What is the minimum punishment? 20 years. Both Courts have granted that...There is medicinal evidence as well. You have been granted 20 years under POCSO and not under Section 376 [IPC]. We cannot reduce the sentence if it’s 20 years. What extraordinary circumstances? Every case [you say it's extraordinary circumstances]. Incident happened when? After the amendment [2019 amendment which increased punishment for aggravated sexual assault]. How do we help you? That's why we asked what is the minimum? The Act does not permit us. It is a heinous offence—sexual assault on a 6-year-old minor. It is a Parliamentary section which mandates 20 years, how can Court reduce?"
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During the hearing, Justice Nagarathna also examined the documents and noted that the convict's plea of juvenility had been rejected since he was found to be 18 years and above at the time of the offence.
The Court concluded that after the 2019 amendment to the POCSO Act, Section 6 mandates a minimum sentence of 20 years for aggravated penetrative sexual assault. As a result, Courts cannot reduce the punishment under their inherent jurisdiction. The SLP was filed against the January 8, 2024, order of the Bombay High Court.
“It is a heinous offence involving a 6-year-old minor, and the statute mandates a 20-year sentence. The Court has no authority to reduce it.”
Case Details: SACHIN Vs STATE OF MAHARASHTRA|D No. 24169/2025
