The Allahabad High Court has suspended the sentence of 10 years imprisonment given by the Sessions Court to a man accused of kidnapping and raping a minor.
A Single Bench of Justice Manoj Bajaj passed this order while hearing a Criminal Appeal filed by Kamlesh Pasi.
Applicant-Appellant, namely, Kamlesh Pasi stands convicted through judgment dated 15.05.2023 passed by the Additional Sessions Judge/ Additional Judge (POCSO Act), Kaushambi in Case under Sections 363, 366, 376(1) IPC and Section 4(1) Protection of Children from Sexual Offences Act, 2012, registered at Police Station Karari, District Kaushambi and has been sentenced for commission of various offences alongwith fine.
Counsel for applicant submitted that the trial court has overlooked the material discrepancies in the prosecution case while passing the impugned judgment of conviction dated 15.05.2023.
Counsel further submitted that out of the total sentence of 10 years imposed upon the applicant, a period of more than four years has already been undergone by the applicant and in this regard, he has produced the custody certificate of the applicant issued by Superintendent, District Jail, Kaushambi.
Counsel also submitted that the appeal is likely to succeed on the basis of the grounds pleaded and prays for suspension of sentence during the pendency of the appeal.
Despite service, no one has appeared on behalf of complainant.
While opposing the above prayer, AGA has argued that the prosecution adduced convincing evidence to bring home the guilt of the convict and the judgment of conviction dated 15.05.2023 is based upon correct appreciation of material on record.
However, it was not disputed by AGA that the applicant has already undergone a period of more than four years against the total sentence of 10 years.
“Upon hearing the counsel for the parties and considering their submissions, the Court finds that during trial, accused remained in custody, who after judgment of conviction dated 15.05.2023 is serving the sentence. Applicant has already undergone a period of more than four years in custody, out of total awarded sentence of ten years.
Since, the appeal is not likely to get mature for final hearing in near future, therefore, the Court deems it appropriate to suspend the sentence of the applicant, during the pendency of the appeal as his further detention would not serve any useful purpose. In case, the sentence imposed upon the applicant is not suspended, the appeal may be rendered infructuous,” the Court observed while allowing the application.
“Resultantly, without meaning any expression of opinion on the merits of the appeal, the remaining sentence of the applicant appellant is suspended, subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Kaushambi,” the order reads.
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A Single Bench of Justice Manoj Bajaj passed this order while hearing a Criminal Appeal filed by Kamlesh Pasi.
Applicant-Appellant, namely, Kamlesh Pasi stands convicted through judgment dated 15.05.2023 passed by the Additional Sessions Judge/ Additional Judge (POCSO Act), Kaushambi in Case under Sections 363, 366, 376(1) IPC and Section 4(1) Protection of Children from Sexual Offences Act, 2012, registered at Police Station Karari, District Kaushambi and has been sentenced for commission of various offences alongwith fine.
Counsel for applicant submitted that the trial court has overlooked the material discrepancies in the prosecution case while passing the impugned judgment of conviction dated 15.05.2023.
Counsel further submitted that out of the total sentence of 10 years imposed upon the applicant, a period of more than four years has already been undergone by the applicant and in this regard, he has produced the custody certificate of the applicant issued by Superintendent, District Jail, Kaushambi.
Counsel also submitted that the appeal is likely to succeed on the basis of the grounds pleaded and prays for suspension of sentence during the pendency of the appeal.
Despite service, no one has appeared on behalf of complainant.
While opposing the above prayer, AGA has argued that the prosecution adduced convincing evidence to bring home the guilt of the convict and the judgment of conviction dated 15.05.2023 is based upon correct appreciation of material on record.
However, it was not disputed by AGA that the applicant has already undergone a period of more than four years against the total sentence of 10 years.
“Upon hearing the counsel for the parties and considering their submissions, the Court finds that during trial, accused remained in custody, who after judgment of conviction dated 15.05.2023 is serving the sentence. Applicant has already undergone a period of more than four years in custody, out of total awarded sentence of ten years.
Since, the appeal is not likely to get mature for final hearing in near future, therefore, the Court deems it appropriate to suspend the sentence of the applicant, during the pendency of the appeal as his further detention would not serve any useful purpose. In case, the sentence imposed upon the applicant is not suspended, the appeal may be rendered infructuous,” the Court observed while allowing the application.
“Resultantly, without meaning any expression of opinion on the merits of the appeal, the remaining sentence of the applicant appellant is suspended, subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Kaushambi,” the order reads.
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