Yash Pal vs State Of H.P.
2022 Latest Caselaw 3484 HP

Yash Pal Versus State of H.P.

Cr. Appeal No.12 of 2022

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17.05.2022 Present: Mr. Arun Sehgal, Advocate, for the appellant.

Mr. Arvind Sharma, Additional Advocate General with Mr. Narender Singh Thakur, Deputy

Advocate General, for the respondent-State.

Cr.MP No.273 of 2022

The petitioner has prayed for suspension of

sentence awarded to him in terms of the judgment dated

04.01.2022 passed by the learned Additional District &

Sessions Judge, Fast Track, Special Court (POCSO), Solan,

District Solan, H.P., in Sessions Trial No.29-S/7 of

2020/2015, whereby the petitioner was convicted under

Sections 363, 366 of the Indian Penal Code (IPC) and Section

4 of the Protection of Children from Sexual Offences Act,

2012 (in short 'POCSO Act') read with Section 376 IPC. The

petitioner was sentenced to undergo rigorous imprisonment

for 3 years under Section 363 IPC, 5 years under Section 366

IPC and for 7 years under Section 4 of the POCSO Act

alongwith default clauses of fine etc.

Learned counsel for the petitioner submitted that

the child victim as well as her mother did not support the

prosecution case. They turned hostile. The complainant, who

was the father of the child victim, was not examined in the

case. Though as per the record produced by the prosecution,

the date of birth of the child victim was recorded as

15.02.2000, however, the mother of the child victim had

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stated that age of her daughter was 20 years at the time of

incident, i.e. on 12.05.2015. The child victim stepped into

the witness box in the year 2017 and admitted that she was

married. According to learned counsel for the petitioner, this

negates the case of the prosecution that in the year 2015, the

age of the child victim was 15 years.

Learned counsel for the petitioner further stated

that as on date, the petitioner has already spent two years

and nine months behind the bars. This position was not

disputed by learned Deputy Advocate General. It has also

come on record that the petitioner was on bail during trial.

There is no allegation against him that he had threatened or

intimidated the child victim, her family members in any

manner whatsoever or tried to influence the prosecution

witnesses or tried to tamper with the prosecution evidence.

Considering all these factors, during the

pendency of the present criminal appeal, the sentence

imposed upon the petitioner under the impugned judgment

is suspended, subject to following conditions:-

(i) The petitioner shall furnish personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of the learned Trial Court within two weeks.

(ii) The petitioner undertakes to abide by all the orders and directions issued by this Court in the matter.

(iii) In the event of appeal being dismissed, the petitioner undertakes to surrender himself before

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the learned Trial Court for receiving the sentence,

if any.

The application stands disposed of.

Copy dasti.

                                            Jyotsna Rewal Dua
    May 17, 2022                                  Judge
       Mukesh  r