Dharambir Rai v. The State of NCT of Delhi

1. The present appeal has been filed under Section 374 Cr.P.C against the judgment of conviction dated 30.11.2022 and order on sentence dated 01.08.2023 passed by learned ASJ, Special Court, South-East District, Saket Courts, Delhi whereby the appellant has been held guilty of offence punishable under Section 8 of POCSO Act and Sections 363/342/506/354/354B IPC.

2. Learned ASJ vide order dated 01.08.2023 has sentenced the petitioner to undergo RI for a period of 3 years for the offence punishable under Section 8 of POCSO Act and a fine of Rs. 5,000/-. The appellant has further been sentenced to undergo RI for a period of 1 year for offence punishable under Section 354 IPC and fine of Rs. 3,000/-. Similarly, the appellant has been sentenced to RI for a period of 1 year and a fine of Rs. 2,000/- for the offence punishable under Section 363 IPC. The appellant has also been sentenced to RI for 6 months for the offence punishable under Section 342 IPC and RI for a period of 6 months for the offence punishable under Section 506 IPC.

3. The fine amount is stated to have been deposited by the appellant.

4. Learned counsel for the appellant submits that the order of conviction passed by the learned ASJ is perverse, palpably wrong and unsustainable in the eyes of law.

5. It has been submitted that evidence has not been properly appreciated. It has further been submitted that the victim herself stated in the crossexamination that the room/jhuggi where the incident took place was at a distance of 4-5 meters from the gali and the victim had shouted on the face alarm when the appellant held her hand and was taking her to the jhuggi/room. Learned counsel submits that it seems quite improbable in such a situation the victim could have been taken to the place of the incident.

6. Issue notice.

7. Learned APP for the state has accepted the notice.

8. Appeal is admitted.

9. Let the matter be listed in due course. CRL.M.(BAIL) 1176/2023

10. The present application has moved for the suspension of sentence.

11. Learned counsel for the appellant has prayed for suspension of sentence. It has been submitted that the appellant was granted bail under Section 389 Cr.P.C. by the learned Trial Court.

12. Learned counsel submits that the appellant had remained mostly on bail during the trial.

13. Issue notice.

14. Learned APP for the state has accepted the notice.

15. Taking into account the facts and circumstances of the case the sentence of the appellant is suspended. The appellant is admitted to court bail on furnishing a personal bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of the like amount till the pendency of the present appeal subject to the satisfaction of the trial court and subject to the following conditions:a) the Petitioner shall appear whenever the appeal is taken up for hearing. b) the Petitioner shall under no circumstances leave India without prior permission of the Court concerned; c) the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case; d) the Petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times; and e) In case of a change of residential address and/or mobile number, the Petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.