SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the order dtd. 8/4/2021 issued pursuant to the meeting of Permanent Parole Committee dtd. 10/3/2021 whereby the petitioner has been denied permanent parole on the ground of non availing of three regular paroles.

(2.) It has been submitted in the petition that the learned Special Judge POCSO Act-2012 and Child Protection Commission Act 2005 No.3, Alwar vide its order dt. 14/2/2019 convicted the petitioner for the offence under Ss. 376(1) of IPC for life imprisonment and in default of payment of fine Rs.10,000.00 to further undergo 3 months additional RI and Sec. 11/12 of POCSO Act, for 3 years RI and in default of payment of fine Rs.3,000.00 to further undergo one month RI and Sec. 14(1) of POCSO Act, 2012 for five years RI and in default of payment of Rs.3,000.00 to further undergo one month additional RI and Sec. 67 of IT Act for three years RI in default of payment of 10,000/- to further undergo one month additional RI and Sec. 67(b) of IT Act for five years RI and in default of payment of fine Rs.20,000.00 to further undergo one months additional RI. All the sentences shall run concurrently. After that petitioner has filed D. B. Criminal Appeal No.88/2019 Sunil @ Sammer @ Lallu V/s State in which the Hon'ble Court vide judgment dtd. 2/4/2019 converted the conviction into 12 years rigorous imprisonment in place of life imprisonment for the offence under Sec. 376(1) IPC. Out of which the accused petitioner has served 8 years 3 months and 4 days including the remission as on 22/4/2021.

(3.) It has further been submitted that the petitioner had served 8 years 3 months and 4 days of imprisonment out of the total sentence of 12 years till 22/4/2021. The conduct of the petitioner has remained absolutely good and he is continuously getting remission in jail on the basis of his good conduct and behavior. Thus, he is entitled to be released on permanent parole.