Loknath Mondal @ Bapan vs Unknown
2021 Latest Caselaw 1927 Cal

12.03.2021 Mithun Sl. No.08 D/L.

Ct.No.30.

I.A. No: CRAN/1/2020, CRAN/2/2021 in CRA/256/ 2020

In re: An application for suspension of sentence under Section 389(1) of the Code of Criminal Procedure, 1973, judgment and order dated 26th August, 2020 passed by the learned Additional District & Sessions Judge, First Court at Sealdah, 24 Parganas South in connection with Ultadanga Police Station 288 of 2019 dated 24.12.2019, S.C.No.01 of 2020, S.T. No.2(1)2020.

In the matter of : Loknath Mondal @ Bapan.

...the appellant.

Mr. Ratan Das, Adv.

... for the appellant.

Mrs.Faria Hossain, Adv., Mrs.Baisali Basu, Adv.

...for the State.

This is an application for suspension of sentence

under Section 389(1) of the Code of Criminal Procedure

and bail.

The accused/petitioner suffered sentence for an

offence punishable under Section 10 of the POCSO Act for

rigorous imprisonment for 5 years with fine.

It is submitted by the learned Advocate for the

appellant/petitioner that the allegation against the

appellant is that he touched the private part of the victim

who was at the relevant point of time aged about 9 years

and tried to misbehave with her.

Learned Advocate for the petitioner has drawn my

attention to the evidence of the Doctor (P.W.2) who

medically examined the victim. He did not find any short

of injury or mark of violence on the private part of the

victim.

If the evidence of the de facto complainant is

believed, the accused merely touched her private part.

Mere touch of private part does not cause any injury on

the persons of the victim. Therefore, absence of any

injury on the private part of the victim is not unnatural.

However, the appellant was on bail during trial of the

case. He never misused the conditions of bail. He is

suffering a sentence of term imprisonment. Considering

such aspect of the matter, I am inclined to release the

petitioner on bail pending disposal of the appeal. The

accused may find bail of Rs.20,000/- with two sureties of

Rs.10,000/- each to the satisfaction of the learned Special

Judge under POCSO Act , 1st Court, Sealdah with further

conditions if on bail, he must visit the Officer-in-Charge of

the jurisdictional Police Station once in a month and shall

file an affidavit stating his residential address, mobile

phone number and EPIC card number by swearing an

affidavit on the first date of his visit to the Officer-in-

Charge of the concerned Police Station. If the petitioner

violates any of the above conditions, the order of bail shall

be cancelled without further reference to this Bench.

(Bibek Chaudhuri, J)