CHENNAI: The Madras High Court has reduced the double life sentence for a Pocso convict by a lower court to single life imprisonment.
A division bench of the Madras High Court (MHC) comprising Justice M Sundar and Justice R Sakthivel cited the Apex Court decision of 2016 (8) SCC 313 (Muthuramalingam and other vs State represented by Inspector of police) that consecutive life sentences awarded by the trial court is not in accordance with the law.
However, the bench also observed that merely because no external injuries were found on the victim, the appellant cannot contend that no offense was happened. The bench also confirmed the lower court order that the appellant is guilty under various sections of the Pocso Act, but reduced the double life imprisonment to life imprisonment.
In 2018, the Fast Track Mahila Court, Tiruppur, had sentenced a man to double life imprisonment with Rs 10,000 as a fine for sexually harassing a 13-year-old blind girl. He would sexually harass the victim for a long period when her parents were at work. However, the victim disclosed the harassment to her mother. On the basis of her mother’s complaint, the police arrested the accused under the Pocso.
The convict moved the MHC and filed an appeal. The counsel for the appellant argued that the medical evidence does not support the case of the prosecution and that there were no eyewitnesses, and hence sought for acquittal. However, the MHC confirmed the conviction and directed that the double life sentence shall run concurrently and disposed of the appeal.