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Heeralal vs. State of Rajasthan & Ors.

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Rajasthan Prisoners (Release on Parole) Rules, 1958–Rule 9, Proviso–Protection of Children from Sexual Offences Act, 2012–Sec. 6–Rejection of parole application with the view that the offence u/s. 6 of POCSO Act is punishable with the maximum sentence of death–Proviso to Rule 9 was inserted w.e.f. 1st June, 1994, however, it shall not come in the way of the petitioner because he was convicted on 04.07.2016 and on the relevant day, the maximum sentence for the offence u/s. 6 of POCSO Act was life imprisonment and not death sentence–Held, respondent authorities were not justified in rejecting the application.