Pooran Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Criminal Appeal has been filed against the judgment dated 28.03.2023, passed by learned Special Judge (POCSO), Almora in Special Sessions Trial No.12 of 2022, “State vs. Pooran Singh”, by which, the appellant-Pooran Singh has been convicted for the offence punishable under Section 454, Section 354 of the Indian Penal Code (in short, “IPC”) and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as, “the Act, 2012”) and in view of Section 42 of the said Act, 2012, he has been sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs.500/- for the offence punishable under Section 457 IPC, and, he has been further sentenced to undergo simple imprisonment for a period of three years along with a fine of Rs.1,000/-for the offence under Section 7 read with Section 8 of the Act, 2012 with default stipulation. Both the sentences have been directed to run concurrently.

Heard Mr. Mohd. Matlub, learned Legal Aid Lawyer and Mr. Pankaj Joshi, learned Brief Holder for the State.

Admit.

List on 08.08.2023.

Heard on the Bail Application No.1 of 2022.

Mr. Mohd. Matlub, Advocate, submitted that there are substantial doubt about the conviction. Appellant has been convicted for the offence punishable under Section 454 IPC, however, he has been sentenced for the offence punishable under Section 457 IPC. He is in judicial custody since 10.01.2022. He is a permanent resident of District Almora and he has no criminal history.

Mr. Pankaj Joshi, learned Brief Holder for the State, opposed the bail application.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellant, namely, Pooran Singh, provided he submits his personal bond and two reliable sureties, each in the like amount to the satisfaction of the court concerned.

Bail Application is allowed accordingly.