Shri Arjun Ghosh vs The State Of Tripura
2023 Latest Caselaw 663 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA

                            Crl.A. No.15 of 2023
                                    and
                    IA No.01/2023 in Crl.A. No.15 of 2023

Shri Arjun Ghosh
                                                    .........Applicant/Appellant(s)
                                      Versus
The State of Tripura
                                                             .........Respondent(s)

For Applicant/Appellant(s) : Mr. S. Lodh, Advocate. For Respondent(s) : Mr. Ratan Datta, Public Prosecutor. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 22/08/2023

Crl.A. No.15 of 2023

Admit.

Call for the lower court records from the concerned court.

Office to prepare Paper Book.

Matter be listed for hearing in usual course.

IA No.01/2023 in Crl.A. No.15 of 2023

Heard learned counsel for the applicant/appellant and learned

Public Prosecutor on the prayer for suspension of sentence made through IA

No.01 of 2023.

The applicant/appellant stands convicted for the offences

punishable under Sections 448, 363, 506 of Indian Penal code and Section 8 of

the Protection of Children from Sexual Offences (POCSO) Act, 2012 vide

impugned Judgment of conviction and sentence dated 22.06.2023, passed by

the Ld. Special Judge (POCSO), West Tripura, Agartala in Case No. Special

(POCSO) 22 of 2020. Applicant/appellant has been sentenced to suffer simple

imprisonment (SI) for 3(three) years and to pay fine of Rs.20,000/- for the

offence punishable under Section 8 of the POCSO Act, in default of payment of

fine, he shall suffer simple imprisonment (SI) for further 2(two) months. He has

been further sentenced to suffer simple imprisonment (SI) for 2(two) months

and to pay a fine of Rs.5,000/- for the offence punishable under Section 448 of

IPC, in default of payment of fine, to suffer (SI) for 10(ten) days; further

sentenced to undergo a simple imprisonment (SI) for 2(two) years with a fine of

Rs.10,000/- for the offence punishable under Section 363 of IPC, in default of

payment of fine, to suffer (SI) for 1(one) month and the appellant has also been

imposed a sentence of simple imprisonment (SI) for 2(two) months and to pay a

fine of Rs.5,000/- for the offence punishable under Section 506 of IPC, in

default of payment of fine, to suffer (SI) for 10(ten) days. All the sentences

shall run concurrently.

Mr. S. Lodh, learned counsel for the applicant/appellant submits

that the case of the prosecution is full of contradiction. The statement of PWs-1,

2, 3 and 6 are self contradictory. As per the informant also the mother of the

appellant/applicant informed that the victim was in her house. Thereafter, the

victim was brought to the informant's house. PW-6, the grandmother of the

victim has stated that the mother of the appellant/applicant had informed them

at about 3:00 am that the victim was in their house. Both the parties have family

dispute. Appellant/applicant has remained all along on bail during trial. There

are no independent witnesses. PW-1 & 2 have made certain statements for the

first time in Court which were not stated before the police when their

statements recorded under Section 161 of the Cr.P.C. As such, the provisional

bail granted to the applicant/appellant by the learned Trial Court may be made

absolute with suitable conditions.

Learned Public Prosecutor does not oppose the prayer considering

the nature of the findings and the period of sentence imposed upon him.

Having considered the rival submissions of learned counsel for the

parties and having gone through the impugned judgment and also the period of

sentence imposed upon the appellant/applicant, this Court is inclined to grant

the privilege of suspension of sentence to the applicant/appellant during

pendency of the appeal by granting him bail. The provisional bail granted by

the learned Trial Court is confirmed, subject to further conditions that

appellant/applicant and his bailors shall submit their Aadhaar Card and mobile

number before the learned Trial Court within a period of 2(two) weeks from

today. They shall not change their address and mobile numbers without

permission of the learned Trial Court.

Application stands disposed of.

                                                                 (APARESH KUMAR SINGH), CJ




Munna S    MUNNA SAHA   Digitally signed by MUNNA SAHA
                        Date: 2023.08.27 15:17:57 +05'30'