Bilaspur. The division bench has upheld the judgment of the Kondagaon POCSO court, which ordered the transfer of VK to jail, as his age has now crossed the limit of 21 years.
A division bench of Chief Justice Rakesh Sinha and Justice BD Guru of Chhattisgarh High Court has rejected the petition for the release of a 24-year-old girl accused of gang rape. The court said in its decision that adopting an unethical approach in such cases can open new paths like this, which can prove dangerous for society and law and order. This decision of the High Court has become a judicial precedent, which has set the direction of strictness in some serious cases.
The division bench had ordered the transfer of the convict convicted in the decision of the Kondagaon POCSO court to jail for further action, as his age has now crossed the limit of 21 years. The gang rape convicts announced their release on the basis of ‘positive correctional progress report’, on which the High Court was approached. The POCSO court had sentenced the juvenile convicted of gang rape to 20 years of imprisonment and a fine of one lakh rupees under section 376 (D) of IPC and POCSO Act in the year 2019. The court had directed not to pay the amount of fine on the additional sentence of one year. The POCSO court ordered him to be transferred from the juvenile shelter home to the Central Jail, after which the convict issued a ‘positive correctional progress report’, on the basis of which a petition was filed in the High Court.
what is the matter
Police had arrested five adult co-accused under Section 376 (D) of the Indian Penal Code and Sections 4, 6 and 17 of the POCSO Act on June 19, 2017 for the offence of mass murder. The date of birth of the accused is August 4, 1999 and thus the accused was below 18 years of age on the date of the offence. Note, he was treated as a child under the Juvenile Justice (Care and Protection of Children) Act 2015, but being above 16 years of age on the date of offence and being accused of committing a heinous crime, a preliminary assessment was conducted under Section 15(1) of the 2015 Act and in August-September 2017, the Juvenile Justice Board, Narayanpur transferred the property of Greater Noida to the POCSO Court under Section 18(3) of the 2015 Act. Tried as an adult by the POCSO court Kondagaon under section 19(1)(ai) of the Act 2015. The general assembly verdict was pronounced on 20 December 2019 along with other adult co-accused. Walk was 19 years old when the court pronounced the verdict. The punishment stated under section 376 (D) of the Indian Penal Code read with section 17 of the Protection of Children from Sexual Offences Act 2012 is imprisonment of not less than 20 years and a fine of Rs one lakh and an additional one year imprisonment on payment of the fine.
what are the rules
After being convicted, he was kept in a safe place in Jagdalpur through reservation on 20 December 2019. There is a provision in the version that the accused should be kept in a safe place till the age of 21 and after that he should be put before the POCSO court for investigation under section 20 of the project. The proposal in the version is that every year a progress report should be prepared and presented to the POCSO court.
All these things in the consultation report
A detailed consultation report was issued on 29 November 2021, the age of Tab Offer had become 21 years. The report states that there has been very good progress in the general conduct and security of the revenue. Product description In the presented report, based on the conversation with Natak, it is written that her artist friends who were older in age, were of antisocial nature and at that time she did not understand what was wrong and what was right. Currently she is depressed because she has absconded with her case, that is, she is now 21 years old. Tractor is not available and she is not feeling hungry either. She has been told about the previous incident in the car.
This is how the case went in the POCSO court
It is alleged that on June 18, 2017, at around 2 to 3 pm, a mass explosion was carried out as a group artist along with five other co-accused. Then he was under 18 years of age and hence a case was filed against him in the POCSO court as a juvenile. The hearing took place in the court of Additional Sessions Judge (FTC) Kondagaon. After hearing the case, the court sentenced him to 20 years of imprisonment with a fine of Rs one lakh under section 376 (D) and section 17 of the POCSO Act, 2012. When the court pronounced the verdict, the petitioner had completed 21 years of age. The court has said in its order that the petitioner, who is now 22 years old, has been ordered to be transferred to Central Jail, Jagdalpur to complete the remaining part of the sentence in jail.
