HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE NO.: Crl.A.No.308 of 2022
PROCEEDING SHEET
Sl. OFFICE
Date ORDER
No. NOTE
02 05.08.2022
SRS,J Crl.A.No.308 of 2022 ADMIT.
Call for lower Court record.
___________ SRS, J I.A.No.1 of 2022 This petition is filed to suspend the sentence of Imprisonment passed in S.C.No.53/2017 dated 21.07.2022 on the file of Special Sessions Judge for Trial of cases under SC ST PO ACT cum -XI Additional District Judge, Visakhapatnam.
Notice under section 15A (3)(5) was served on the victim on 31.07.2022 and memo filed by learned Public Prosecutor to that effect.
The above appeal is filed against judgment dated 21.07.2022 passed in S.C.No.28 of 2016 on the file of Special Sessions Judge for Trial of cases under SC ST PO ACT cum -XI Additional District Judge, Visakhapatnam, whereby the petitioner was convicted for the offences punishable under Sections 3(1)(s) of SC & ST (POA) Amendment Act, 2015 and was sentenced to suffer Simple Imprisonment for six months and also to pay fine of Rs.500/- in default to suffer Simple Imprisonment for one month. He is also convicted for the offence under Section 447 of IPC and sentenced to pay fine of Rs.500/- in default to suffer Simple Imprisonment for one month. He is also convicted for the offence under Section 506 of IPC and sentenced to pay fine of Rs.500/- in default to suffer Simple Imprisonment for one month. All the above offences shall run concurrently.
Heard.
Learned counsel for the petitioner would submit that the case of the prosecution and the evidence of PWs cleary shows that the offence took place on 30.10.2016. the crime registered on 2 10.11.2016, there is a 12 days abnormal delay. It is nothing but a creation of story. He would further submit that as the petitioner paid fine amount on 21.07.2022, the lower Court suspended the sentence till 22.08.2022. Hence, he prays to grant the relief as prayed for.
Considering the facts and circumstances of the case and submissions of learned counsel for appellant, the sentence of imprisonment imposed against the appellant is suspended pending the criminal appeal on condition of petitioner executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a likesum to the satisfaction of Sessions Judge for Trial of cases under SC ST PO ACT cum -XI Additional District Judge, Visakhapatnam.
___________ SRS, J AG