Sri Rakhal Chandra Debnath vs The State Of Tripura
2023 Latest Caselaw 790 Tri

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                        HIGH COURT OF TRIPURA
                                 AGARTALA
                  I.A. No.01 of 2023 in Crl. A. No.20 of 2023
                             Crl. A. No.20 of 2023
Sri Rakhal Chandra Debnath
                                                         ...... Applicant/Appellant(s)
                             VERSUS
The State of Tripura
                                                               ...... Respondent(s)

For Applicant/Appellant(s) : Mr. B. Deb, Advocate.

Mr. Victor Ghosh, Advocate.

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

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH _O_R_D_E_R_

21/09/2023 I.A. No.01 of 2023 in Crl. A. No.20 of 2023

By the impugned judgment dated 27.07.2023 passed in case No.

Special(POCSO) 03 of 2021 by the Court of the Special Judge (POCSO), North

Tripura, Dharmanagar, the applicant/appellant has been convicted under

Section 354 of the IPC and sentenced to undergo RI for three years with a fine

of Rs.1,000/- with a default sentence and also directed to undergo RI for three

years with a fine of Rs.1,000/- and a default sentence under Section 8 of the

POCSO Act.

Mr. B. Deb, learned counsel for the applicant/appellant has pressed

the prayer for suspension of sentence of the applicant/appellant during

pendency of this appeal. He submits that the applicant/appellant is on

provisional bail after his conviction till today. The applicant/appellant has been

all along on bail during trial except some period. Learned counsel for the

applicant/appellant submits that there are good grounds for the

applicant/appellant to succeed in the appeal. Therefore, his provisional bail may

be confirmed on suitable conditions.

Mr. Ratan Datta, learned Public Prosecutor has opposed the

prayer. He submits that the applicant/appellant has been accused of outraging

the modesty of a minor and touching her private parts. As such, he may not be

granted the privilege of suspension of sentence.

I have considered the submission of learned counsel for the parties

and the findings relied upon from the judgment of the learned Trial Court by

learned counsel for the parties. Considering the fact that except for certain

period the applicant/appellant has been on bail during trial and also the period

of sentence imposed upon him, I am inclined to grant him the privilege of

suspension of sentence during pendency of this appeal. Provisional bail granted

to the applicant/appellant is confirmed on same conditions. However, the

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

number at the time of release. They shall not change their address and mobile

numbers without permission of the Trial Court.

IA stands disposed of.

Crl. A. No.20 of 2023

Admit.

Call for Lower Court records in connection with case No.

Special(POCSO) 03 of 2021 from the Court of the Special Judge (POCSO),

North Tripura, Dharmanagar.

Office to prepare Paper Book upon receipt of the LCRs.

List the matter for hearing in usual course.

(APARESH KUMAR SINGH), CJ

Rudradeep RUDRADEEP Digitally signed by RUDRADEEP BANERJEE

BANERJEE Date: 2023.09.22 13:47:46 +05'30'