‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused

Delhi High Court: In a criminal application filed to seek the suspension of sentence during the pendency of appeal by the applicant (accused) who was sentenced to rigorous imprisonment for offences under the Indian Penal Code, 1860 (‘IPC’) and the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), a Single Judge Bench of Anish Dayal, J. noted that the appellant had undergone a substantial period of sentence and directed his sentence to be suspended.

Background

The appellant, in the present matter, was sentenced to rigorous imprisonment of 3 years along with fine under Section 354-B of IPC¹, rigorous imprisonment of 1 year along with fine under Section 451 of IPC², and rigorous imprisonment of 3 years along with fine under Section 8 of POCSO Act.

Analysis and Decision

The Court noted that the appellant had undergone just about 2 years of the sentence and a period of 1 year was remaining. It was also noted that he had no previous involvement and his jail conduct had been satisfactory.

The Court said that the appeal had been filed on the ground that the prosecution had failed to prove the charges and, in her testimony, the victim withdrew the allegation of rape and mentioned that it was a sexual assault.

Further, the Court referred to the directions laid down in Sonadhar v. State of Chhattisgarh³ and Saudan Singh v. State of Uttar Pradesh 2021 SCC OnLine SC 3259 wherein the Supreme Court stated that in cases other than life sentence cases, the broad parameter of 50 per cent of the actual sentence can be the basis for grant of bail. Thus, the Court found it fit to suspend the sentence of the appellant.

While disposing of the application, the Court directed the sentence of the appellant to be suspended upon furnishing a personal bond worth Rs. 25,000/- with one surety bond of like amount, subject to satisfaction of the Trial Court/CMM/Duty Magistrate and the fulfilment of certain conditions by the appellant.

[Anil v. State (NCT of Delhi), CRL.A. 1036 of 2024, Decided on 18-12-2024]

Order by Justice Anish Dayal

Advocates who appeared in this case :

For Appellant — Advocate Nalin Kaushik, Advocate Lakshay Kumar

For Respondent — APP Pradeep Gahalot

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