Sikkim High Court
Bed Prakash Adhikari vs State Of Sikkim on 22 November, 2023
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Appellate Jurisdiction)
Dated : 22nd November, 2023
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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I.A. No.01 of 2023 in Crl. A. No.29 of 2023
Appellant : Bed Prakash Adhikari
versus
Respondent : State of Sikkim
Application under Section 389 read with Section 482
of the Code of Criminal Procedure, 1973
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Appearance
Mr. Rajendra Upreti and Ms. Kanchan Rai, Advocates for the
Appellant.
Mr. Thinlay Dorjee Bhutia, Additional Public Prosecutor with Mr.
Sujan Sunwar, Assistant Public Prosecutor for the State-
Respondent.
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ORDER (ORAL)
Meenakshi Madan Rai, J.
1. Heard on I.A. No.01 of 2023, which is an application
filed by the Appellant under Section 389 read with Section 482 of
the Code of Criminal Procedure, 1973.
2. Learned Counsel for the Appellant submits that the
Appellant was convicted and sentenced to imprisonment in terms of
the impugned Judgment and Order on Sentence, both dated 30-09-
2023, passed by the Learned Special Judge (POCSO Act, 2012), at
Mangan District, Sikkim, in S.T.(POCSO) Case No.02 of 2023, State
of Sikkim vs. Bed Prakash Adhikari. That, the Prosecution has in
fact failed to prove their case and all relevant grounds shall be
agitated during the hearing on the Appeal pending before this
Court. That, the Appellant has already undergone rigorous
imprisonment of seven months till date and incarcerating him for a
longer period would be to the prejudice of his family of which he is I.A. No.01 of 2023 in Crl. A. No.29 of 2023 2 Bed Prakash Adhikari vs. State of Sikkim
the sole earning member. That apart, he has two minor children
who are uncared for presently due to the ill-health of his wife. He
is a permanent resident of Lingi Payoung, Namchi District, Sikkim
and would not abscond if enlarged on bail and will abide by any bail
condition imposed by this Court.
3. Opposing the Bail Petition, Learned Additional Public
Prosecutor submits that the victim was a child of five years at the
time of the offence while the Appellant was a grown adult of 47
years. That, in such circumstances he deserves no consideration
and ought not to be enlarged on bail in view of the gravity of the
offence.
4. I have given due consideration to the submissions put
forth.
5. In view of the facts and circumstances placed before
this Court, I am not inclined to grant bail to the Appellant who has
been convicted of the offence under Section 9(m) punishable under
Section 10 of the Protection of Children from Sexual Offences Act,
2012.
6. Petition for Bail stands rejected and disposed of
accordingly.
( Meenakshi Madan Rai ) Judge 22-11-2023
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