SANDAM BHOGEN MEETEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner, who is in jail under Sec. 389(1) of Cr.P.C. praying for releasing him on bail by suspending the sentence dtd. 19/10/2018 pending criminal appeal.

(2.) By the judgment dtd. 16/10/2018, the learned Special Judge (POCSO), Imphal West, convicted the petitioner under Sec. 6 of the POCSO Act, 2012 and by the order dtd. 19/10/2018, he was sentenced to undergo 20 years rigorous imprisonment and to pay fine of Rs.30,000.00, in default to undergo 6 months simple imprisonment.

(3.) The petitioner has preferred jail appeal. Along with the appeal, he has filed the present petition seeking to suspend the sentence stating that during the course of trial, the learned trial Judge had violated the mandatory provision provided in Sec. 35(2) of the POCSO Act, 2012 and the petitioner was wrongly implicated by the complainant in view of the earlier enmity.