AIROnline 2025 SC 643

Supreme Court Of India

(From : Chhattisgarh)*

Hon'ble Judge(s): Vikram Nath, Sandeep Mehta , JJ

Penal Code (45 of 1860) , S.376AB— Protection of Children from Sexual Offences Act (32 of 2012) , S.6— Constitution of India , Art.20(1)— Sexual assault on minor girl - Sentence - Retrospective application of penal law - Legality - On conviction for offences punishable under S.376AB of IPC and S.6 of POCSO Act, 2012, convict was sentenced to imprisonment for life, meaning imprisonment for remainder of his natural life - Amendment to S.6 of POCSO Act enhancing minimum sentence and redefining "imprisonment for life" to mean imprisonment for remainder of natural life came into effect only on 16.08.2019 - Date of commission of offence was 20.05.2019 - Application of enhanced punishment retrospectively was violative of Art.20(1) - While upholding conviction, sentence was modified to life imprisonment under pre-amendment provision, wherein maximum punishment permissible was imprisonment for life in its conventional sense. CRLA No. 34/2022, D/- -05-09-2023 (CHH)-Reversed (Para 9 11 12 13) .....