Life Sentence Converted To 25 Years Without Remission; Conviction Under IPC 376(3) And POCSO Section 6 Upheld

A bench of Justice Rajesh Bindal and Justice Manmohan (Rajesh Bindal, J. authoring the order) heard an appeal against the High Court of Chhattisgarh’s judgment upholding conviction under Section 376(3) IPC and Section 6 of the POCSO Act and affirming sentence of life imprisonment till natural death.

The Court partly allowed the criminal appeal and modified the sentence. While it upheld the conviction, it reduced the sentence from life imprisonment until natural death to a fixed term of 25 years’ actual imprisonment without remission, observing that mitigating factors warranted conversion of the sentence. The Court noted the appellant did not challenge conviction before this Court and had sought indulgence on sentence; the State opposed any leniency on account of the grievous nature of the offence and the victim’s age. The Court, in its reasoning, observed: "It is not in dispute that the appellant herein has been convicted under Section 376(3) of the IPC and Section 6 of the POCSO Act and sentenced to undergo life imprisonment till natural death. The offence is also grievous. However, considering the age of the appellant and also that there are no antecedents and further his conduct during custody has been satisfactory, the sentence of life imprisonment till natural death can be converted to limited period. We hereby reduce the sentence awarded to the appellant to a fixed term of 25 years actual imprisonment without remission. This court can exercise such a power in view of law laid down in Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka."

Background

FIR No. 08/2022 dated 04.05.2022 was registered leading to trial in Special Sessions (POCSO) Case No. 29/2022. The Trial Court convicted the appellant for offences under Section 375 IPC and Section 6 of the POCSO Act, and by judgment dated 13.07.2023 sentenced him to life imprisonment till natural death under Section 376(3) IPC and Section 6 POCSO. In Criminal Revision Appeal No. 1916 of 2023, the High Court of Chhattisgarh at Bilaspur on 25.09.2024 affirmed conviction and the sentence. The appellant did not contest conviction before this Court but sought reduction of sentence on grounds of youth, absence of criminal antecedents and satisfactory conduct in custody. The State urged that the appellant had “spoiled the life of a minor girl who was merely 15 to 16 years of age” and resisted any leniency.

The Supreme Court examined the statutory provisions, the nature of the offence and the mitigating circumstances advanced by the appellant. It relied on the power recognized by precedent — expressly referring to Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka — to convert a sentence of life imprisonment until natural death into a fixed term in appropriate cases. Applying those principles, the Court concluded that despite the grievousness of the offence, the appellant’s age, lack of antecedents and conduct during custody justified modifying the sentence. The Court therefore modified the impugned High Court order only to the extent of reducing the sentence; all other aspects of the conviction were left intact. The appeal was thus partially allowed and the pending application was disposed of.

Case Details: Case No.: CRIMINAL APPEAL NO. 5028 OF 2025 (2025 INSC 1381) (Arising out of S.L.P.(Crl.) No. 9598 of 2025) Case Title: Deepankar Tikedar v. State of Chhattisgarh Appearances: For the Petitioner(s): Not indicated in the order For the Respondent(s): Not indicated in the order