In Brief
A man was convicted of sexually assaulting a 10-year-old child. The trial court sentenced him to 10 years imprisonment under the POCSO Act's aggravated assault provision. The High Court reduced this to 7 years, treating it as a lesser offence. The Supreme Court reversed this, holding that sexual assault on a child below 12 years automatically constitutes "aggravated penetrative sexual assault" under the POCSO Act, with a mandatory 10-year minimum sentence. The Court reinstated the original sentence, emphasizing that courts have no discretion to reduce mandatory minimums in child sexual abuse cases, regardless of the offender's subsequent reformation.
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