Protection of Children from Sexual Offences Act, 2012–Sec. 3/4–Penal Code, 1860–Sec. 376(2)(f) & 376(2)(i)–Punishment of imprisonment for life along with a fine of Rs. 25,000/- –High Court increased the rigor of the punishment that the appellant would have to undergo life imprisonment for the remainder of his natural life as provided u/ss. 376(2)(f) & 376(2)(i)–Plea of appellant that since the offence u/s. 3/4 of the Act does not carry punishment of imprisonment for life, which means imprisonment for the remainder of person’s natural life, he could only have been punished under the provisions of Secs. 3/4–Sec. 42A of POCSO Act can be interpreted so as to override the scope and ambit of enabling provision i.e., Sec. 42 of the Act–High Court erred while giving such directions–Further, there is no mandate of law that under the provisions of Sec. 376(2)(f) & 376(2)(i), the convict must be awarded life imprisonment–Judgment of Trial Court deserves to be restored.
