MOHD. FIROZ versus STATE OF MADHYA PRADESH

MOHD. FIROZ versus STATE OF MADHYA PRADESH

The Court modified the sentences confirmed as life imprisonment for the offences under Sections 376(2)(i) and 376(2)(m) IPC and for the offences under Sections 5(i) and 5(m) read with Section 6 of the POCSO Act to rigorous imprisonment for 20 years (instead of life imprisonment) so as to commensurate those sentences with the 20-year sentence imposed by this Court for the offence under Section 376A IPC, because otherwise the purpose of imposing a fixed 20-year term for Section 376A would be frustrated.

Parties
Applicant/appellant: Mohd. Firoz; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
21 October 2022
Procedural Posture
Review Petition / Review Petition Allowed (criminal Review Petition (crl.) No. 282 of 2022)
Outcome
Review petition allowed; sentences modified
Legal Topics
Sentence Modification, Life Imprisonment, POCSO Act, Sections 376 and 376 a IPC
Criminal Law Sentencing Child Sexual Offences (pocso) Sentence Modification Life Imprisonment POCSO Act Sections 376 and 376 a IPC

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Parties

Mohd. Firoz

Applicant/appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Review Petition / Review Petition Allowed (criminal Review Petition (crl.) No. 282 of 2022)

Legal Issues

  1. 1 Whether life imprisonment confirmed by Courts for offences under Sections 376(2)(i), 376(2)(m) IPC and Sections 5(i),5(m) read with Section 6 POCSO Act would mean imprisonment for the remainder of natural life and thereby frustrate the Court's conscious decision to impose 20 years for Section 376A;
  2. 2 Whether the sentences for the offences under Sections 376(2)(i), 376(2)(m) IPC and Sections 5(i),5(m) read with Section 6 POCSO Act should be modified to a fixed term commensurate with the sentence imposed for Section 376A of IPC.

Ratio Decidendi

The Court modified the sentences confirmed as life imprisonment for the offences under Sections 376(2)(i) and 376(2)(m) IPC and for the offences under Sections 5(i) and 5(m) read with Section 6 of the POCSO Act to rigorous imprisonment for 20 years (instead of life imprisonment) so as to commensurate those sentences with the 20-year sentence imposed by this Court for the offence under Section 376A IPC, because otherwise the purpose of imposing a fixed 20-year term for Section 376A would be frustrated.

Court Disposition

Review petition allowed; sentences modified

Orders

  • The sentences of life imprisonment imposed and confirmed for the offences under Sections 376(2)(i) and 376(2)(m) of the Indian Penal Code are modified to rigorous imprisonment for a period of twenty years.
  • The sentences of life imprisonment imposed and confirmed for the offences under Section 5(i) and Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 are modified to rigorous imprisonment for a period of twenty years.