NCPCR asks UP to appeal Allahabad HC order commuting sentence of convict in sexual assault case

The National Commission for Protection of Child Rights has urged the Uttar Pradesh chief secretary to file an appeal against an Allahabad High Court judgement commuting the sentence of the convict in a sexual assault case involving a minor.

The commission, which is mandated under sections 109 of the Juvenile Justice Act, 2015 and 44 of POCSO Act, 2012 to monitor the implementation of the Acts, said in a letter that in the case of Sonu Kushwaha v. the state of Uttar Pradesh before the Allahabad High Court, an urgent appeal was necessitated.

''It has been observed by the commission that the observations of the high court in the present matter for commutation of sentence of the accused from 10 years to seven years and the offence from aggravated penetrative sexual assault (sections 5 and 6) to penetrative sexual assault (sections 3 and 4) seems to be not as per the letter and spirit of the POCSO Act, 2012,'' the letter said.

The commutation of sentence is observed by the commission to be prejudicial to the justice delivered to the victim in this case, and the commission feels that such necessary steps in the matter to file an urgent appeal against the judgement must be taken by the state, it added.

The commission has also requested the chief secretary to provide details of the minor so that it can provide help such as legal aid to the child.

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