JEET HANG SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) I.A. No.01 of 2024 is an application under Sec. 389(1) of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.') seeking Bail and suspension of Sentence for the Petitioner/Appellant.

(2.) Learned Additional Public Prosecutor has filed written objection to the Bail application.

(3.) The Petitioner, then aged about twenty-seven years was convicted by the Court of the Learned Special Judge (POCSO Act, 2012), Soreng, Sikkim, vide its impugned Judgment dtd. 31/7/2024, in ST (POCSO) Case No.01 of 2024 (State of Sikkim vs. Jeet Hang Subba) under Sec. 376(1) of the Indian Penal Code, 1860 (hereinafter, the 'IPC') and Sec. 3(a) punishable under Sec. 4(1) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the 'POCSO Act'). He was sentenced to undergo simple imprisonment for a term of ten years and to pay fine of Rs.5,000.00 (Rupees five thousand) only, for the offence under Sec. 376(1) of the IPC and simple imprisonment for a term of ten years and fine of Rs.5,000.00(Rupees five thousand) only, under Sec. 3(a) of the POCSO Act, with default stipulations.