Supreme Court: In a criminal appeal concerning a matter under Protection of Children from Sexual Offence Act, 2012 (‘POCSO Act’), the division bench of B.V. Nagarathna and Satish Chandra Sharma, JJ. noted that the convict had already undergone eleven years and eight months of incarceration. Observing that this period far exceeded the original sentence, the Court concluded that the ends of justice would be best served by bringing the matter to a close. Accordingly, the convict was directed to be released from custody forthwith.
The Court noted that the convict, originally sentenced to seven years’ imprisonment, had actually served over eleven years and eight months. Upon review, it found the orders of the High Court and the Special Court to be erroneous. Accordingly, the impugned judgment dated 26-02-2016, the subsequent orders dated 02-03-2016 and 08-03-2016 in criminal appeal, as well as the Special Court’s order dated 28-04-2016 in Special (POCSO) case convicting the convict and sentencing him to life imprisonment with a fine of ₹5,000 (and six months’ rigorous imprisonment in default), were all set aside.
The Court clarified that, as a result, the original conviction and sentence of rigorous imprisonment for seven years by the Special Court now stands restored. However, it acknowledged the unfortunate reality that the convict has already served more than eleven years of actual imprisonment, well beyond the original sentence.
In the circumstances, the Court said that, in order to do complete justice in the matter, it would not be appropriate to remand criminal appeal to the High Court. Instead, the Court invoked its powers under Article 142 of the Constitution of India to restore the original sentence imposed on the convict, which was seven years of rigorous imprisonment. Noting that the convict has already undergone eleven years and eight months of incarceration, the Court concluded that the ends of justice would be best served by bringing the matter to a close. Accordingly, the convict was directed to be released from custody forthwith.
Consequently, the criminal appeal, pending before the Bombay High Court, was rendered infructuous and stood disposed of. The State and the Superintendent of Nagpur Central Jail, Maharashtra, were directed to release the convict from custody forthwith.
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