CRLA/447/2021
2022 Latest Caselaw 2763 UK

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                               For Bail and Suspension of Sentence (IA No.01 of 2021)
                               In
                               CRLA No. 447 of 2021
                               Shri S.K. Mishra, J.

Shri Alok Kumar Verma, J.

Ms. Divya Jain, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

This is an application (IA No.1 of 2021), filed

under Section 389 of the Code of Criminal

Procedure, 1973 (hereinafter referred as "the

Code", for brevity), for suspension of sentence and

grant of bail in this appeal.

The appellant has been convicted for the

offence under Section 363 of IPC and Section 4 of

the Protection of Children from Sexual Offences

Act, 2012 by the learned F.T.C./Special Judge

(POCSO)/Additional District and Sessions Judge,

Dehradun in Special Sessions Trial No.45 of 2020,

vide judgment dated 02.12.2021, whereby, the

appellant has been sentenced to undergo rigorous

imprisonment for a period of three years along with

a fine of Rs.5,000/- under Section 363 of IPC and he has been further sentenced to undergo rigorous

imprisonment for a period of twelve years along

with a fine of Rs.20,000/- with default stipulation.

Both the sentences are directed to run

concurrently.

It is apparent from the record that the victim

has supported the prosecution's case and that the

medical examination has resorted in a positive

opinion in favour of an offence of rape. At this

stage, earlier, we are not inclined to hold that the

prosecutrix is stating falsehood on being cheated by

her parents.

Hence, there is no reason to suspend the

sentence. In that view of the matter, the

application for suspension of sentence for grant of

bail (IA No.1 of 2021) is hereby rejected.

The matter may be listed for final disposal on

11.04.2023.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 31.08.2022 JKJ/Pant