Rai Singh Markam etc. v. State of Chhattisgarh - S.6 POCSO Act - Sentencing ; Evidence - Cross Examination - Suggestions
POCSO Act 2012 - Section 6 - There can be imposition of life imprisonment without any remission as provided by the statute itself (POCSO) till the last breath. However, ordinarily the court should impose life imprisonment without any remission till the last breath as a substitution of death sentence in appropriate cases. [Context: In this case, SC noted that it is not one of the category of rarest of the rare and held that the minimum sentence of 20 years with no remission would serve the ends of justice.]
Indian Evidence Act 1872 - Suggestions have no evidentiary value. [Context: In this case, SC noted that, except few suggestions, nothing specific or substantial could be elicited by the defence through the doctor in her cross-examination. ]
Case Info
Case name: Rai Singh Markam etc. v. State of Chhattisgarh
Neutral citation: Not mentioned in the order text (only appeal and SLP numbers are provided).
Court / Coram:
- Hon’ble Mr. Justice J.B. Pardiwala
- Hon’ble Mr. Justice K.V. Viswanathan
Judgment date: 13 January 2026
Appeal details:
- Criminal Appeal Nos. 230–231 of 2026
- Arising out of SLP (Crl.) Nos. 11590–11591 of 2025
- From judgment dated 11.09.2024 in CRA Nos. 631/2021 and 749/2021 of the High Court of Chhattisgarh at Bilaspur
Statutes / Laws Referred
The judgment expressly refers to and applies:
- Protection of Children from Sexual Offences Act, 2012
- Section 5 (aggravated penetrative sexual assault)
- Section 6 (punishment for aggravated penetrative sexual assault)
- Indian Penal Code, 1860
- Section 376D (gang rape)
- Section 323 read with Section 34
- Code of Criminal Procedure, 1973
- Section 164 (recording of statement by Magistrate)
- Section 313 (examination of accused)
- Bharatiya Nyaya Sanhita, 2023
- Section 70 (mentioned as corresponding to Section 376D IPC in terms of punishment severity)