HUIDROM BHEIGYA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 389(1) Cr.P.C. praying to suspend the judgment of conviction dtd. 9/10/2017 and the order of sentence dtd. 12/10/2017 passed by the learned Special Judge (POCSO), Imphal West in Special Trial (POCSO) Case No.4 of 2016 and to release the petitioner on bail during the pendency of the appeal.

(2.) The petitioner, who has been arrayed as an accused in Special Trial (POCSO) Case No.4 of 2016 on the file of the learned Special Judge (POCSO), Imphal West, was convicted under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 by the judgment dtd. 9/10/2017 and listed the case on 12/10/2017 for sentence hearing. On 12/10/2017, the petitioner was produced before the learned Special Judge, Imphal West and after hearing the petitioner and his counsel, he was sentenced to undergo rigorous imprisonment for a period of 12 years and to pay fine of Rs.20,000.00 under Sec. 4 of POCSO Act and in default to undergo six 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 of victim compensation to the tune of Rs.2.00 lakh under Sec. 357A of Cr.P.C. to the victim. The learned Special Judge also ordered the period which has already undergone by the petitioner 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 Appeal No.5 of 2021 before this Court. Along with the appeal, the petitioner has filed petition seeking to suspend the sentence stating that he has a very good case on merits and is likely to succeed in the appeal filed by him.