Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 15 May, 2023
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:105113
Court No. - 49
Case :- CRIMINAL APPEAL No. - 3951 of 2023
Appellant :- X- Juvenile
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Ravi Shankar Tripathi
Counsel for Respondent :- G.A.,Tahir Husain Farooqui
Hon'ble Rajeev Misra,J.
(Ref: Order on the Application for Suspension of Sentence)
Heard Mr. Ravi Shankar Tripathi, the learned counsel for applicant/appellant, the learned A.G.A. for State and Mr. Tahir Husain Farooqui, the learned counsel for first informant.
Counter affidavit filed by learned A.G.A. is not on record.
Office is directed to trace out the same and place it on record.
Opposite party-2 does not wish to file any counter affidavit.
Perused the record.
Feeling aggrieved by judgement and order dated 29.3.2023, passed by Juvenile Court, Special Judge, POCSO Act in Special Sessions Trial No. 1131 of 2018 (State Vs. X minor) arising out of Case Crime No. 21 of 2018, under section 5/6 Protection of Children from Sexual Offences Act, Police Station- Alapur, District- Budaun, applicant/appellant has preferred above mentioned criminal appeal.
By means of above noted judgement and order, applicant/appellant has been convicted under section 5/6 POCSO Act with ten years rigorous imprisonment along with fine of Rs. 50,000/-. In case of default in payment of fine, applicant/appellant is to undergo six months additional rigorous imprisonment.
Record shows that applicant/appellant was not enlarged on bail during the pendency of trial. Since applicant/appellant has been convicted and sentenced by means of above judgment and order, therefore he has filed above mentioned application, seeking suspension of sentence/bail during the pendency of present appeal.
Learned counsel for applicant/appellant contends that applicant/appellant is a convicted accused under section 5/6 POCSO Act. The maximum sentence awarded is 10 years. Applicant was taken into custody on 8.1.2018. He is in custody since then. As such, he has undergone more than four years and five months of incarceration. He has then taken the Court to the impugned judgement and on basis thereof he contends that the findings/reasons recorded by Court below in the impugned judgement are not only illegal but also perverse as the prosecutris has not sustained any injury nor there is any damage to the private part. On the above primse, it is thus urged that since applicant/appellant has undergone 1/2 of the sentence awarded by Court below. Therefore applicant is liable to be enlarged on bail. In case applicant is enlarged on bail he shall not misue the liberty of bail.
Per contra the learned A.G.A. for State and Mr. Tahir Husain Farooqui, the learned counsel for first informant have vehemently opposed the prayer for bail. They submit that applicant/appellant has been convicted under section 5/6 POCSO Act. The prosecutrix is a young girl aged about seven years. Considering the age of the prosecutrix and the nature of crime, applicant does not deserve any indulgence by this Court. They further submits that applicant/appellant has been covicted for an offence other than penetration Sexual Assault. Therefore the submission urged by the learned counsel for applicant/appellant are misconceived.
Having heard the learned counsel for applicant/appellant, the learned A.G.A. for State, upon perusal of material brought on record as well as the complicity of applicant and accusation made coupled with the fact that the maximum sentence awarded to the applicant/appellant is 10 years, applicant/appellant has undergone only five years and few months of incarceration, the prosecutrix being a young girl aged about seven years, the nature of crime committed by applicant (aggravated sexual assault) but without making any comments on the merits of the appeal, this Court does not find good ground to enlarge the applicant on bail.
Accordingly, the application for suspension of sentence stands rejected.
Order Date :- 15.5.2023
Arshad
