ANGA BAHADUR GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard on I.A. No.01 of 2023 which is application filed by the Appellant under Sec. 389(1) read with Sec. 482 of the Code of Criminal Procedure, 1973, seeking suspension of the execution of the impugned Judgment and Order on Sentence, both dtd. 29/8/2023, passed by the Learned Special Judge (POCSO), West Sikkim, at Gyalshing, in S.T. (POCSO) Case No.08 of 2022 (State of Sikkim vs. Anga Bahadur Gurung).

(2.) The Petitioner was convicted under Sec. 7 punishable under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to three years simple imprisonment with fine of ? 5,000/- (Rupees five thousand) only, with default clause of imprisonment. For Sec. 354A(2) of the Indian Penal Code, 1860, the Appellant was sentenced to undergo rigorous imprisonment for one year. The allegation therein was that the Appellant had sexually harassed the minor victim.

(3.) Learned Counsel for the Appellant submits that during the course of trial the Appellant unerringly appeared before the Learned Trial Court on all dates fixed for trial, as he was on bail. That, he is the only earning member in his family working in the Horticulture Department, Government of Sikkim and that if he is taken into custody his family shall suffer irreparably. That, in consideration of the conduct of the Appellant during the trial he may be enlarged on bail and he is willing to abide by all the terms and conditions imposed.