The Meghalaya High Court has reduced the jail sentence of a man convicted of rape of a minor girl.
The division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh today heard the appeal by Ialamphrang Kharsyiemlieh against the earlier sentence by the trial court.
The trial court in its judgment passed on March 31, 2021 had sentenced Kharsyiemlieh to 20 years of rigorous imprisonment and a fine of Rs 10,000 under Section 4 of the POCSO Act of 2012. The tenure in prison is to run concurrently. In default of the payment of the fine, Kharsyiemlieh has to undergo simple imprisonment for a further month.
However, Kharsyiemlieh appealed to the High Court against the sentence.
In an order passed today, the High Court said that there was a clear error in the sentencing by the trial court.
“At the time of the commission of the offence, Section 376(3) of the Penal Code had not found its place in the statute and Section 4 of the POCSO Act also provided for a minimum punishment of seven years,” the High Court said.
While correcting the sentence, the High Court also directed that Kharsyiemlieh should undergo ten years’ rigorous imprisonment under Section 376 (2) of the Penal Code.
“The appellant is also sentenced to seven years’ imprisonment under Section 3(a) of the POCSO Act. The sentences are to run concurrently. It is needless to say that the time already spent in prison will be set off against the sentence. The fine imposed is not interfered with,” the High Court said.
