CRLA/204/2023
2023 Latest Caselaw 1882 UK

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                                 IA/1/2023 (Application for Bail and Suspension of Sentence)
                                 In
                                 CRLA No.204 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Abhishek Joshi, learned counsel for the appellant/ applicant.

Mr. Ranjan Ghildiyal, learned Assistant Government Advocate for the State.

The appellant is a convict for the offences under Section 342 of the IPC and Section 9(m)/10 of the POCSO Act, whereby by the judgment of conviction dated 07.03.2020/ 09.03.2020, he has been directed to undergo one year's rigorous imprisonment for the offence under Sections 342 of the IPC and 7 years' rigorous imprisonment under Section 9(m)/10 of the POCSO Act. Both the sentences are to run concurrently.

Argument of the learned counsel for the applicant is from key perspective that the conviction of the appellant is based upon the CCTV footage. But he submits that, no reliance can be placed on the same for the reason being that the DVR, which was collected by the police and was later on sent for its FSL examination. In the FSL report of 21.01.2020, no data was found to be preserved in the DVR, which was sent for its FSL examination. Thus, FSL examination does not support the prosecution's case.

Secondly, he submits that no reliance can be placed on the prosecution's story for the reason being that, no medical examination was conducted on the victim because of the fact that the mother of the victim has denied to give samples for the medical examination and, in the absence of the same, no conclusive inference could be drawn as against the present applicant for his alleged involvement in the commission of offence under Section 342 of the IPC and Section 9(m)/10 of the POCSO Act.

Lastly, he submits that eversince his arrest on 11.12.2019, he still continues to languish in jail and, out of the total sentence of seven years, he has already served about three years and seven months of sentence.

Owing to the aforesaid argument, as extended by the learned counsel for the applicant, the facts of which are not denied by the learned Government Advocate, because the records itself reveals the facts as argued by the learned counsel for the applicant.

Owing the to the aforesaid, the applicant is directed to be released on bail, subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of the Court concerned.

(Sharad Kumar Sharma, J.) 20.07.2023 Sukhbant