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LegalFirms.in Judgments · legalfirms.in/judgments/rajasekar-vs-the-state-rep-by-the-inspector-of-police-20240205/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Rajasekar vs The State Rep. by The Inspector of Police

Court
Supreme Court of India
Date
5 February 2024
Case No.
Criminal Appeal No. 756 of 2024
Bench
Vikram Nath
Citation
[2024] 2 S.C.R. 152 : 2024 INSC 96
Acts & Sections
Protection of Children from Sexual Offences…
Supreme Court Reports [2024] 2 S.C.R. 152 : 2024 INSC 96
Issue for consideration
The appellant who was convicted for offence u/ss. 3(a) r/w s. 4 of the POCSO Act, and was awarded the sentence of ten years RI alongwith a fine, the quantum of sentence awarded, if justified.
Headnote

Protection of Children from Sexual Offences Act, 2012 – ss. 3(a) r/w s. 4 – Quantum of sentence – Conviction of the appellant for offences u/ss. 3(a)/4 and sentenced to ten years RI alongwith a fine of Rs. 5,000/- with a default clause to undergo SI for three months alongwith the compensation of Rs One Lakh to the victim by the courts below – In appeal before this Court, the appellant’s plea that at the time of conviction, the minimum sentence prescribed u/s. 4 was seven years and as on date, the appellant have already served more than seven years of his sentence; and that the appellant is providing for the dayto-day expenses of the victim and her child: Held: Considering the totality of the circumstances of the case, to meet the ends of justice, the period of imprisonment awarded is reduced to the period already undergone by the appellant – However, the conviction u/s. 3(a) r/w s. 4 is upheld – Sentence/sentencing. [Para 6]

Keywords: Protection of Children from Sexual Offences · Quantum of sentence · Compensation · Minimum sentence · Sentence modified · Sentence reduced

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Leave granted. 2. The Appellant before us is aggrieved by the judgement dated 26.10.2021 passed by the High Court of Judicature at Madras in Criminal Appeal No. 176 of 2017 whereby the High Court dismissed the appeal preferred by the Appellant and confirmed the judgement dated 03.02.2017, passed by the Sessions Court--convicting the Appellant for offences u/S. 3(a) r/w Sec. 4 of the Protection of Children from Sexual Offences (‘POCSO’) Act, 2012. 3. At the outset, it must be noted that vide order dated 12.07.2022, this Court issued notice only on the quantum of sentence awarded to the
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