BIDHAN GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard on I.A. No.01 of 2024, which is an application filed by the Appellant under Sec. 389(1) of the Code of Criminal Procedure, 1973, seeking suspension of the Sentence imposed on him by the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim, in S.T. (POCSO) Case No.39 of 2020 (State of Sikkim vs. Bidhan Gurung) and his enlargement on bail.

(2.) The Petitioner was convicted under Sec. 5(l) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') and under Sec. 376 of the Indian Penal Code (hereinafter, 'IPC'). He was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of ? 5,000/- (Rupees five thousand) only, for the offence under the POCSO Act (supra), with a default stipulation. The Learned Trial Court however observed that as the convict had been adequately penalised under Sec. 6 of the POCSO Act, he was not required to be sentenced for the same offence under Sec. 376 of the IPC.

(3.) The Prosecution case is that the Appellant had eloped with the victim who was a minor. The victim was alleged to be seventeen years and eight months at the time of the offence, whereas the Appellant was thirty-four years.