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Judgment
20 paragraphs · 327 wordsVishnu Pratap Singh Chauhan, J
Heard on I.A.No.7715/2020, an application filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant Golu @
Rajendra.
Appellant stands convicted for the offence punishable under Section 4 of the POCSO Act and Section 376(1) of IPC and sentenced to undergo R.I.
for 10 years with fine of Rs.1,000/- with default stipulations.
Having heard learned counsel for the parties. Perused the statement of the prosecutrix and gone through her cross-examination as also the statement
of Doctor, who physically examined the prosecutrix. No doubt, human spermatozoa found in the slide and panty of the prosecutrix but Doctor opined
that she was habitual of intercourse. The slide was not sent for the DNA examination.
Considering the whole statement of the prosecutrix and also considered the undergone period of three years, this Court is now inclined to suspend the
further custodial sentence of the appellant till final disposal of the appeal. Hence, I.A. No.7715/2020 is allowed.
It is directed that appellant on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- with
one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 07.01.2021 and all other
subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall
remain suspended and he shall be released on bail.
It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case
shall stand cancelled.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before
and after releasing the appellant.
Let the appeal be listed for final hearing in due course.
Certified copy as per rules.