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2015 DIGILAW 291 (DEL)

Sachinder v. State

2015-01-29

SUNITA GUPTA

body2015
JUDGMENT : Crl. M.B. No. 10314/2014 (suspension of sentence) 1. This is an application u/s 389 Cr. P.C. seeking suspension of sentence during the pendency of the appeal in case FIR No. 36/13 u/s 323/354/376 IPC and 4/6/8/12 of POCSO Act registered with PS Naraina. 2. It is submitted by the learned counsel for the appellant that the appellant is in custody for the last more than two years. Moreover on merits, the appellant has a good case as provisions of Section 6 and 8 of POCSO Act are not attracted for which the appellant has been convicted. At the most, the allegations attract the provisions of Section 323 and 354 IPC. In this regard, attention of the Court is drawn to the statement of the prosecutrix recorded u/s 164 Cr. P.C. where there was no allegation of inserting fingers by the appellant in her vagina and the only allegations were regarding giving bite on her lips and cheeks. He also referred to the statement of PW12-Dr. Nivedita Raizada who deposed that she did not find any evidence of finger having been inserted as she did not find any redness or rashes or marks on the vaginal part. As such, it was submitted that the appellant has a good case on merits. As such, his sentence be suspended during the pendency of the appeal. 3. On the contrary, learned Additional Public Prosecutor for the State submitted that all these submissions were taken note of by the learned Trial Court and thereafter the appellant has been convicted. 4. Keeping in view the totality of the facts and circumstances coupled with the fact that the submissions of the learned counsel for the appellant has raised arguable points and the appeal is not likely to be heard in near future, as such, sentence of the appellant is suspended during the pendency of the appeal subject to his depositing fine and subject to further conditions that: -- (i) He shall furnish a personal bond in the sum of Rs. 25000/- with two sureties in the like amount to the satisfaction of the learned Trial Court. (ii) He shall furnish his address and contact number to this Court as well as to the concerned SHO and (iii) He shall make himself available as and when the appeal is taken up for hearing. The application is accordingly disposed of. 25000/- with two sureties in the like amount to the satisfaction of the learned Trial Court. (ii) He shall furnish his address and contact number to this Court as well as to the concerned SHO and (iii) He shall make himself available as and when the appeal is taken up for hearing. The application is accordingly disposed of. Copy of the order be given dasti under the signature of Court Master.