AKASH CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question that has cropped up for consideration would be, whether for considering an application for suspension of sentence and grant of bail under Sec. 389(1) of the CrPC, notice to the victim/complainant under the provisions of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') would be necessary as appellant NO.1 has been convicted for offence under Sec. 6 of the POCSO Act and appellant No.2 has been convicted for offence under Sec. 6 read with Sec. 17 of the POCSO Act in addition to their conviction for offences under the provisions of the Indian Penal Code.

(2.) In this appeal preferred under Sec. 374(2) of the CrPC, application for suspension of their substantive jail sentence has also been preferred by the appellants/accused for suspension of their sentences for offences under the provisions of the IPC as well as under the provisions of the POCSO Act.

(3.) Mr. Ashish Surana, learned Amicus Curiae, would submit that by Amendment Act No.5 of 2009 and by virtue of the POCSO Rules, 2007, the right created in favour of the victim has to be given fullest effect to and interest of the victim/ informant/ complainant has to be protected post trial proceedings also and that would extend while hearing the application for suspension of sentence as ultimately by suspending the substantive jail sentence awarded, bail has to be granted which would be covered within the meaning of sub-rule (15) of Rule 4 of the POCSO Rules, 2020. He would further submit that in the matter of Aparna Bhat and others v. State of Madhya Pradesh and another 2021 SCC OnLine SC 230 while setting aside the imposition of certain bail conditions in a case involving sexual offence against woman, the Supreme Court has held that in case bail is granted the complainant should immediately be informed that the accused has been granted bail and copy of the bail order be made over to him/her within two days, as such, notice of the application for suspension of sentence in any criminal appeal has to be served to the victim/complainant, so that he/ she may have a say on the application for suspension of sentence, in which ultimately by suspending sentence the accused has to be enlarged on bail in pending criminal appeal, therefore, notice to the complainant/victim would be absolutely necessary before considering the application for suspension of sentence.