Sri Kartik Dey vs The State Of Tripura
2023 Latest Caselaw 640 Tri

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                                Crl.A. No.14/2023
                       I.A. No.01/2023 in Crl.A. No.14/2023

Sri Kartik Dey
                                                  ......... Appellant/Applicant(s).
                                   VERSUS
The State of Tripura
                                                            .........Respondent(s).

For Appellant/Applicant(s) : Mr. H.K. Bhowmik, Advocate.

For Respondent(s) : Mr. Ratan Datta, P.P.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 16/08/2023

Crl.A. No.14/2023:

Admit.

Call for the lower Court records in connection with case No.

Special (POCSO) 43 of 2021 from the Court of learned Special Judge

(POCSO), West Tripura, Agartala.

Office to prepare Paper Book after receipt of the LCRs.

List the matter for hearing in usual course.

I.A. No.01/2023 in Crl.A. No.14/2023:

Heard Mr. H.K. Bhowmik, learned counsel appearing for the

appellant/applicant and Mr. Ratan Datta, learned Public Prosecutor for the

respondent-State on the prayer for suspension of sentence made by the

appellant/applicant in connection with his conviction and sentence vide

impugned judgment dated 20.07.2023 passed by the learned Special Judge

(POCSO), West Tripura, Agartala in case No. Special (POCSO) 43 of 2021

whereunder the appellant/applicant has been convicted under Section 8 of the

POCSO Act and sentenced to undergo simple imprisonment for 3(three) years

with a fine of Rs.20,000/- and a default sentence and the appellant/applicant

has also been convicted under Section 448 of the IPC and sentenced to undergo

simple imprisonment for 6(six) months with a fine of Rs.1,000/- and a default

sentence.

Learned counsel for the appellant/applicant submits that the

parties are neighbours. The victim has complained of unwelcome behaviour on

the part of the appellant/applicant who had gone to her house during daytime

around 12-12.30 p.m. for a glass of water. Apart from her, other witnesses such

as, PW-1, the informant-mother, PW-6, the father, and PWs-4, 5 & 7 are all

hearsay witnesses. It is submitted that in such circumstances, appellant/

applicant who has remained on bail all along during trial may be granted the

privilege of suspension of sentence during pendency of this appeal.

Learned Public Prosecutor does not oppose the prayer considering

the period of sentence and the nature of conviction.

On consideration of rival submissions of the parties and the

relevant materials placed from the impugned judgment and the records and also

the period of sentence of 3(three) years imposed upon the appellant/applicant

under Section 8 of the POCSO Act, I am inclined to enlarge the appellant/

applicant namely Kartik Dey on bail during pendency of the appeal by

suspending his sentence since the appellant/applicant has all along been on bail

during trial and has never misused the privilege of bail. Since the appellant/

applicant is on provisional bail, the same is made absolute on the same

conditions under which he is on bail to the satisfaction of the learned Special

Judge (POCSO), West Tripura, Agartala. However, the appellant/applicant and

the bailor shall submit their Aadhaar Card and mobile number before the

learned trial Court. They should not change their mobile number and address

without permission of the trial Court.

I.A. No.01 of 2023 in Crl.A. No.14 of 2023 stands disposed of.

(APARESH KUMAR SINGH), CJ

PULAK BANIK Date: 2023.08.17 18:03:16 +05'30'