Obbani Govardhan vs The State Of Andhra Pradesh
2022 Latest Caselaw 2551 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.A.No.191 of 2022

                             PROCEEDING SHEET

Sl.No
                                          ORDER

DATE

2. 15.6.2022 SRS, J

Crl.A.No.191 of 2022

This appeal is directed by the accused against the calendar and judgment dated 11.03.2022 in POCSO Sessions Case No.15 of 2017 on the file of the learned Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012, Prakasam District at Ongole for the offence under Section 4 of the POCSO Act.

The learned Special Judge convicted the accused for the offence punishable under Section 4 of the POCSO Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of two months.

Learned counsel for the appellant submits that the fine amount has been paid by the accused.

Admit.

___________ SRS, J I.A.No.1 of 2022

This is an application filed by the petitioner/accused under Section 389(1) Cr.P.C. to suspend the sentence imposed against him.

Learned counsel for the petitioner would submit that the prosecution failed to prove the age of the victim and the same was not considered by the learned Sessions Judge in proper perspective.

Having regard to the facts and circumstances of the case, this Court is not inclined to suspend the sentence imposed against the petitioner.

Accordingly, this application is dismissed leaving it open to the petitioner to renew his request at a later point of time.

___________ SRS, J AMD