Five Years Was The Least The Law Allowed, And It Stands
A conviction under the POCSO Act has been upheld on appeal, along with the sentence and the compensation ordered for the child.
The Court upheld the conviction and the sentence of five years' rigorous imprisonment with a fine. Section 9(l) is punishable under Section 10 with a term not less than five years and up to seven, and the Special Judge had imposed the minimum, which calls for no interference. The Rs 50,000 compensation to the victim was upheld, the appeal dismissed and the appellant taken into custody immediately.
- The minimum is hard to disturb. An appellate court will not reduce what the statute already floors.
- Section 9(l) is punished under Section 10 — five to seven years, and a fine.
- Compensation survives the appeal, Rs 50,000 to the victim upheld.
- Custody immediately, the appellant having been on bail pending the appeal.
- Court
- High Court of Sikkim at Gangtok
- Bench
- Justice HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN
- Citation
- Criminal Appeal No. 21 of 2025
- Case
- Criminal Appeal No. 21 of 2025
- Decided
- September 2026
- Outcome
- Appeal dismissed; conviction, sentence and compensation upheld
What was under appeal
The appellant challenged his conviction under Section 9(l) of the POCSO Act and the sentence of five years' rigorous imprisonment with a fine of Rs 2,000.
Why the sentence stood
A conviction under Section 9(l) is punishable under Section 10 with a term which shall not be less than five years but which may extend to seven years, and is also liable to fine.
The Special Judge, in his wisdom, sentenced the appellant to the minimum, which calls for no interference.
The judgment of conviction of 26 June 2025 and the order on sentence of 27 June 2025 were upheld, as was the compensation of Rs 50,000 granted to the victim. The appeal was dismissed.
The appellant being on bail, he was to be taken into custody immediately to serve the sentence, with a copy of the judgment to go to the Special Judge, the appellant and the jail authorities, including by email.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
What is the sentence under Section 10 of the POCSO Act?
Not less than five years and up to seven, with a fine. The minimum was imposed here.
Does compensation to the victim survive an appeal?
It did here — Rs 50,000 was upheld along with the conviction.
Appealing a sentence that is already the statutory minimum
- Check the floor before arguing quantum; there may be nothing to reduce.
- Where the minimum has been imposed, direct the appeal at conviction rather than sentence.
- Expect compensation to the victim to stand or fall with the conviction.
- Prepare the client for immediate custody on dismissal.
Source. High Court of Sikkim at Gangtok, Criminal Appeal No. 21 of 2025, decided September 2026 by Justice HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN. This explainer is written from the judgment text as reported.
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