High court upheld the decision of POCSO court in gang rape case

Raipur. The Chhattisgarh High Court has upheld the decision of the Kondagaon POCSO court, in which the gang rape convict who has crossed the age of 21 was ordered to be sent to adult jail. The court refused to take a soft stand and made it clear that leniency towards such criminals can be a threat to society. High Court Chief Justice Ramesh Sinha and Justice BD Guru upheld the order to transfer the convict to adult jail, justifying the decision of the POCSO court. The release of the petitioner was sought on the basis of ‘positive correctional progress report’, which was rejected by the court.

The court said in its order that leniency in such heinous crimes can encourage similar criminals in society. The court believes that strict punishment is necessary in serious crimes to maintain law and order.

This case is of 2017, when a juvenile under 18 years of age and five other co-accused were accused of gang rape. The Narayanpur Juvenile Justice Board had transferred his case to the POCSO court considering the age of the convict and the severity of the crime. In 2019, the POCSO court sentenced him to 20 years of imprisonment and a fine of Rs 1 lakh.

When the convict turned 21, he was ordered to be transferred from the juvenile home to Central Jail, Jagdalpur. The convict had filed a petition in the High Court citing corrective progress against this decision. The court observed his progress report, which said that positive changes were seen in the behavior of the convict. Despite this, the court refused to order his release considering the severity of the case. The court said that if a soft approach is adopted towards the convicts in such serious crimes, it could prove to be a big threat to the law and society.