STATE Vs. SUNIL

JUDGEMENT

(1.) Sunil was convicted for offence punishable under Sec. 8 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act') vide judgment dated 25th Feb., 2015 and vide order on sentence dated 7th March, 2015, Sunil was released by giving benefit of probation on his filing a personal bond of good behaviour and conduct in the sum of Rs. 10,000.00 with one surety of the like amount for a period of one year.

(2.) Aggrieved by the order dated 7th March, 2015 releasing Sunil on probation for offence punishable under Sec. 8 of the POCSO Act which provides for a mandatory minimum sentence of three years imprisonment, the State preferred Crl.A. 1232/2015. In the said appeal despite issuance of repeated notices and thereafter bailable warrants, the respondent could not be served. Hence vide order dated 29th Sept., 2016, this Court issued non-bailable warrants against Sunil which were executed on 13th Feb., 2017 and Sunil was produced before this Court on 14th Feb., 2017. Since prima facie there was merit in the appeal filed by the State as Sunil had been convicted for offence punishable under Sec. 8 of the POCSO Act which prescribes for minimum sentence of imprisonment for three years and he was not easily traceable and no appeal challenging the conviction had been filed by Sunil, this Court sent Sunil to Tihar Jail.

(3.) Learned amicus curiae on the first date itself conscious of the legal position stated that he would prefer an appeal challenging the conviction of Sunil for offence punishable under Sec. 8 of the POCSO Act. Hence, Crl.A. 288/2017 was filed.