Vinod Kumar vs . State Of H.P.
2023 Latest Caselaw 15505 HP

                  Vinod Kumar Vs.    State of H.P.




                                                            .
                                            Cr. Appeal No. 453 of 2023





6.10.2023   Present:    Mr. Romesh Verma, Senior Advocate, with Mr.

Hitesh Thakur, Advocate, for the appellant.

Mr. Tejasvi Sharma and Mr. H.S. Rawat, Addl. AGs with Ms. Leena Guleria, Deputy Advocate General, for respondent-State.

The appellant has been convicted for the

r to offences punishable under Sections 354A of the Indian

Penal Code, (hereinafter referred to as 'the IPC') and

Section 8 of Protection of Children from Sexual

Offences Act, 2012 (hereinafter referred to as 'the

POCSO Act') in Sessions Trial No.15 of 2021, titled as,

'State of H.P. versus Vinod Kumar' by the Court of

learned Special Judge, Hamirpur, District Hamirpur,

(hereinafter referred to as 'the trial Court).

2. Vide judgment of conviction dated

25.9.2023 and order of sentence dated 26.9.2023, the

learned Special Judge has convicted the appellant and

sentenced him, for the offences, punishable under

Section 354A of the IPC read with Section 8 of the

POCSO Act, to undergo rigorous imprisonment, for a

period of three years and to pay fine of Rs.50,000/-. In

default of payment of fine, he has further been directed

to undergo simple imprisonment, for a period of six

.

months.

3. Aggrieved from the judgment of conviction

and order of sentence, passed by the learned Trial

Court, as referred to above, the appellant has preferred

the instant Criminal Appeal.

4. r There are certain arguable points involved

in the present appeal, as such, the appeal is admitted.

5. Records of the learned trial Court be

requisitioned for the next date of hearing.

Cr. M.P. No. 3733 of 2023

6. By way of the present application, under

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

appellant/applicant has sought the suspension of

order of sentence, dated 26.9.2023, passed by the

learned trial Court, in Sessions Trial No.15 of 2021.

7. The appeal against the judgment of

conviction and order of sentence, as referred to above,

is likely to take sufficient long time, for its disposal, as

such, the operation, implementation and execution of

the judgment of conviction and order of sentence is

ordered to be stayed during the pendency of the appeal,

subject to the following conditions:

(i) That the applicant shall furnish personal bond in the sum of Rs. 30,000/-, alongwith one surety of the like

.

amount, to the satisfaction of the learned trial Court,

within a period of four weeks from today, with an undertaking that in the event of final dismissal of the

appeal, he will surrender before the learned trial Court to serve the remainder substantive sentence;

(ii) That the applicant shall deposit the entire amount of fine with the learned trial Court, within a period of six

weeks from today, if not already deposited.

8. The application is, thus, disposed of.

9. A copy of this order be sent to the learned

trial Court, with the direction that the report of

compliance of this order be submitted to this Court on

or before the next date of hearing.

List on 1.12.2023.

(Virender Singh) Judge October 6, 2023

(mamta)