Sikkim High Court
Bed Prakash Adhikari vs State Of Sikkim on 12 August, 2024
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Appeal Jurisdiction)
Dated : 12th August, 2024
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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Crl.A. No.29 of 2023
Appellant : Bed Prakash Adhikari
versus
Respondent : State of Sikkim
Appeal under Section 374(2) of
the Code of Criminal Procedure, 1973
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Appearance
Mr. Rajendra Upreti, Advocate for the Appellant.
Mr. Yadev Sharma, Additional Public Prosecutor for the State-
Respondent.
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ORDER ON SENTENCE
Meenakshi Madan Rai, J.
1. Heard Learned Counsel for the parties on sentence.
2. Learned Counsel for the Appellant prays that minimum
sentence as prescribed for the offence, be imposed on the
Appellant, for the reason that this is a first offence under which he
was booked. That, he is the only earning member of his family
which comprises of his wife and two minor children. That, his wife
is unemployed in addition to which, she is suffering from various
illnesses. That, on account of her illnesses and lack of income, her
children are bearing the brunt of the incarceration of the Appellant
as they are uncared for. To further aggravate the above
circumstances, the Appellant had also obtained a loan for house
construction, which neither he nor his family are able to re-pay in
view of his incarceration.
3. Per contra, Learned Additional Public Prosecutor
submits that in view of the gravity of the offence and the fact that
the victim was barely six years old when the Appellant perpetrated
the offence on her, the sentence of imprisonment to be imposed on
him be the maximum as prescribed by law, under Section 9(m),
punishable under Section 10 of the Protection of Children from
Sexual Offences Act, 2012 (hereinafter, the "POCSO Act"), i.e.,
seven years, and to pay fine of ₹ 5,000/-(Rupees five thousand)
only, in default of which, he ought to be sentenced to
imprisonment for one more month.
4. Having given due consideration to the submissions
advanced, in view of the nature and gravity of offence and as
correctly pointed out by Learned Additional Public Prosecutor that,
it was perpetrated on a minor child of about six years of age, when
the Appellant was a married adult at the relevant time, I am of the
considered view that the following sentence will meet the ends of
justice;
(i) The Appellant is accordingly sentenced to undergo
simple imprisonment of five years for the offence under Section
9(m), punishable under Section 10 of the POCSO Act and to pay a
fine of ₹ 5,000/-(Rupees five thousand) only, in default of payment
of fine, he shall undergo further simple imprisonment of one
month.
(ii) The period of imprisonment already undergone by the
Appellant during investigation, as under-trial prisoner and on
conviction by the Court of the Learned Special Judge (POCSO Act),
Mangan District, Sikkim, vide the impugned Judgment and Order
on Sentence, be set off against the period of imprisonment
imposed on him today.
5. Appeal disposed of accordingly.
Bed Prakash Adhikari vs. State of Sikkim 3
6. Copy of this Order be forwarded to the Learned Trial
Court for information along with its records.
7. A copy of this Order also be made over to the
Appellant/Convict through the Jail Superintendent, Central Prison,
Rongyek and to the Jail Authority at the Central Prison, Rongyek,
for information and appropriate steps.
( Meenakshi Madan Rai )
Judge
12-08-2024
Approved for reporting : Yes
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