This Petition Under Section ... vs Unknown
2022 Latest Caselaw 905 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A. No.27 of 2022

PROCEEDING SHEET

Sl. Office DATE ORDER No Note

2. 18.02.2022 CMR, J Crl.A.No.27 of 2022

Admit.

Notice.

________ CMR, J

I.A.No.1 of 2022

This petition under Section 389(1) Cr.P.C is filed to suspend the execution of sentence imposed against the petitioner in S.C.No.297 of 2019 (old S.C.No.13 of 2015) on the file of the learned Special Judge for the Protection of Children from Sexual Offences Act - cum - Additional Metropolitan Sessions Judge, Vijayawada.

The petitioner is the sole accused in the above S.C.No.297 of 2019 on the file of the learned Special Judge for the Protection of Children from Sexual Offences Act- cum-Additional Metropolitan Sessions Judge, Vijayawada. He was tried for the offences punishable under Section 4(1) of the Protection of Children from Sexual Offences Act (for short 'POCSO Act') and under Sections 366A and 376(2)(n) IPC. After trial, the petitioner was found guilty of commission of the aforesaid offences. Accordingly, he was convicted for the said offences and he was sentenced to undergo ten years period of rigorous imprisonment and the said sentence was ordered to run concurrently. A fine of Rs.500/- for each of the offences was also imposed.

Aggrieved by the said judgment of conviction and sentence, the present criminal appeal is preferred against the petitioner.

The facts of the case show that it is a case where the petitioner has kidnapped the minor girl from the lawful custody of her parents with a promise to marry her and thereafter had sexual intercourse with her and did not marry her and thereby committed the aforesaid offences punishable under Section 4(1) of the POCSO Act and under Sections 366A and 376(2)(n) IPC. After considering the evidence on record and on appreciation of the same, the trial Court recorded a clear finding of guilt against the petitioner. Therefore, having regard to the facts and circumstances of the case, the gravity of the offence for which the petitioner was found guilty after full trial and as it is a case of committing rape on a minor girl, this Court is not inclined to suspend the execution of sentence imposed against the petitioner and to enlarge him on bail.

Therefore, the Interlocutory Application is dismissed.

________ CMR, J AKN