SANDEEP GAJMER Vs. STATE OF SIKKIM

JUDGEMENT

(1.) I.A. No.01 of 2024 is an application under Sec. 389(1) and (2) of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.') filed by the Petitioner/Appellant/Convict seeking suspension of the sentence imposed on him by the Learned Trial Court and his enlargement on Bail from this Court. The Prosecution has filed its response to the Bail Application.

(2.) The Petitioner was convicted vide the impugned Judgment, dtd. 21/8/2024 and Order on Sentence dtd. 22/8/2024 by the Court of the Learned Special Judge (POCSO Act, 2012), under Sec. 376(1) of the Indian Penal Code, 1860, in ST (POCSO) Case No.14 of 2022 (State of Sikkim vs. Sandeep Gajmer alias Sandeep Gazmer).

(3.) Learned Senior Counsel for the Petitioner submits that the Petitioner had been living with his elderly parents, both of whom are indisposed presently due to various ailments. That, his elder brother is married and living with his own family separately. The Petitioner's wife is an asthma patient and also suffering from anxiety disorder. Hence, there is none to take care of his family. That, the conviction was based on the sole testimony of the victim, which the medical evidence did not support as the Doctor who examined the victim was not produced by the Prosecution as a witness. That, the documents of medical examination were thus proved by another Doctor and not by the examining Doctors. That, in view of the grounds put forth the Petitioner has a prima facie good case of succeeding in the Appeal and he will abide by all conditions imposed by the Court and will not abscond if enlarged on Bail. Hence, the Petition be considered and allowed.