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DAVID CHELLAIYA v. THE INSPECTOR OF POLICE

Supreme Court of India | Diary 26733/2022

Status

Order

Decided On

2022-12-16

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE VIKRAM NATH

Petitioner

DAVID CHELLAIYA

Respondent

THE INSPECTOR OF POLICE

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2321/2022 (Arising out of SLP(Crl.) No.9670/2022)

DAVID CHELLAIYA Appellant(s)

VERSUS

THE INSPECTOR OF POLICE Respondent(s)

O R D E R

Leave granted.

Notice was issued confined to the issue of

sentence. Apart from other offences, the appellant has

been convicted for the offence under Section 7 which

is punishable under Section 8 of the Protection of

Children from Sexual Offences Act, 2012 (POCSO Act).

When the offence was committed, the age of the

appellant was 37 years. It is pointed out that the

appellant is a married man having children.

After having heard learned counsel appearing for

the parties, we are satisfied that the punishment

imposed for the offence punishable under Section 8 of

POCSO Act deserves to be brought down to three years

which is the minimum sentence provided under Section 8

1

of the POCSO Act.

Only to that extent, the impugned judgment is

modified and the appeal is partly allowed in terms

aforesaid.

………………………………………J. (ABHAY S. OKA)

………………………………………J. (VIKRAM NATH)

NEW DELHI; 16th December, 2022.

2

ITEM NO.29 In COURT NO.2 SECTION II-C

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