Bombay High Court Reduces Sentence Of POCSO Convict Taking Note Of His Young Age And Academic Participation
While affirming guilt, the Court notes the accused’s age, lack of bail even during Covid-19, and certificates of educational participation for limited leniency in sentencing
The Bombay High Court has reduced the sentence imposed on a man convicted for offences under Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 considering mitigating factors including his age, and his academic participation.
While firmly affirming the findings of guilt recorded by the trial court, the bench imposed 12 years sentence.
However, while considering the question of sentence, the Court took note of certain circumstances placed on record by the defence. The Bench observed that the accused was only 20 years old at the time of the offence, a fact reflected in the First Information Report. The Court also noted that the accused had remained in custody throughout the trial and was not released on bail even during the Covid-19 period.
A bench comprising Justice Sarang V. Kotwal and Justice Sandesh D. Patil observed, “After perusing the evidence and carefully considering the submissions, we affirm the Judgment of the Trial Court that the Accused has committed offence under Section 376 the I.P.C. and under Section 6 of the POCSO Act. We, however, note that the Accused was only 20 years of age, at the time, when the offence had taken place. The said fact is reflected in the F.I.R. It is also important to note that the Accused was not released on bail, even during Covid-19. He is continuously in custody since the date of his arrest from December 2016, i.e. for more than nine years. There are no criminal antecedents against the Accused”.
Advocate O.P. Lalwani appeared for the appellant and Kranti Hiwrale, A.P.P. appeared for the respondent.
The present matter pertained to sexual assault of a minor girl who was about five years old at the time of the incident. It was the prosecution case that he forced the victim to take his private part in her mouth.
After a detailed appreciation of the evidence on record, the High Court upheld the conviction, holding that the prosecution had proved the offence beyond reasonable doubt and that there was no infirmity in the trial court’s conclusion regarding the culpability of the accused.
The defence produced certificates issued by various institutions to demonstrate the accused’s academic and social engagement, including participation in programmes related to book analysis, essay competitions, and studies on the thoughts of Mahatma Gandhi.
The Court clarified that these factors did not dilute the gravity of the offence or the findings of guilt but were relevant solely for the limited purpose of determining an appropriate sentence.
Taking a cumulative view of the circumstances, the High Court held that some degree of leniency was warranted at the sentencing stage.
Cause Title: Kalamuddin Mohammad Isteyar Ansari alias Koail v. State of Maharashtra [Neutral Citation: 2026:BHC-AS:6476-DB]
Appearances:
Appellant: O.P. Lalwani, Kunda Gaikwad, Gypson John, Suraj Kunchikorve and Riya John i/b Rajesh Sakhare, Advocates.
Respondent: Kranti Hiwrale, A.P.P., Shraddha Sawant, Advocates.