Penal Code, 1860–Sec. 376(2)(i) [Corresponding Sec. 65 of BNS, 2023]–Protection of Children From Sexual Offences Act, 2012–Sec. 6–Imprisonment for life along with fine–High Court reduced it up to 20 years rigorous imprisonment–By application of Sec. 42 of POCSO Act, higher punishment must prevail–Punishment u/s. 376(2)(i) is greater in degree due to express stipulation that imprisonment shall be for the remainder of the person’s natural life–High Court considered that the victim was a minor girl aged 3 years but, thereafter, found it appropriate to reduce the sentence–Such is not tenable–Judgment passed by the Trial Court deserves to be restored.
