MAYOPAM ZINKHAI @ AAWO Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 389 Cr.P.C. seeking to suspend the operation of the impugned judgment and order dated 03.12.2028 passed by the learned Special Judge (POCSO), Imphal West in Special Trial No.7/15/2020 of 2015 and the order of sentence dated 05.12.2018 and to release him on bail pending criminal appeal.

(2.) By the judgment dated 03.12.2018 in Special Trial No.7/15/20 of 2015, the learned Special Judge, Imphal West, convicted the petitioner/accused for the offence under Section 8 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). On 05.12.2018, the petitioner/appellant was produced before the learned Special Judge, Imphal West and after hearing the petitioner and his counsel, the petitioner was sentenced to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.10,000/- under Section 8 of the POCSO Act in default to undergo 3 months simple imprisonment. The learned Special Judge also ordered that the said fine amount if deposited, the same shall be given to the victim girl as compensation. That apart, the learned Special Judge also recommended for provision victim compensation under Section 357A of Cr.P.C. to the victim. Over and above, the Special Judge also recommend for providing compensation of Rs.50,000/- from the Scheme launched by the Ministry of Women and Child Development, Government of India. The learned Special Judge has also ordered the period which has already undergone by the accused in the judicial custody during the period of investigation as well as during the trial, if any, shall be set off from the sentence awarded.

(3.) Aggrieved by the conviction and sentence imposed on the petitioner, he has filed Criminal Jail Appeal No.2 of 2019 before this Court. Along with appeal, he has also filed petition seeking to suspend the operation of the judgment stating that he is the sole earning member of his family which belongs to a remote hilly village under Ukhrul District and his family earned their livelihood by hand to mouth. It is also stated that in the absence of the petitioner, his family consisting of his old aged parents and children are suffering like anything. If he is released on bail, he will never jump the bail and he will abide by all the terms and conditions imposed by this Court.