SANDEEP GAJMER Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioner/Convict seeks suspension of the sentence imposed on him vide the impugned Judgment of conviction, dtd. 21/8/2024 and Order on Sentence, dtd. 22/8/2024, of the Court of the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim and enlargement on bail.

(2.) It is submitted by Learned Senior Counsel for the Petitioner that, the Petitioner was convicted under Sec. 376(1) of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine of Rs.5,000.00(Rupees five thousand) only, with a default stipulation.

(3.) That, the Petitioner in fact has not committed the offence for which he was convicted and the alleged victim was found in a shed/kiosk in an unconscious state after which the allegation of rape emerged. She had been missing from her home for more than twenty-four hours, in the said circumstance, the allegation of rape against the Petitioner is erroneous. The medical evidence also failed to substantiate this allegation against him. That apart, he is the only son who is a caregiver to his aged parents who are both sickly, his mother having fractured her shoulder in the month of July, 2024, while his father has metal implants in his hip, thigh and calf after suffering injuries in an accident. Both his parents are therefore unable to fend for themselves. His wife suffers from Asthma and anxiety disorder since the year 2022 and is on medication for the said illnesses. He also has a minor son studying in Class V at Ranipool. Since the Petitioner is the only care giver for his entire family and the only earning member, his family is being subjected to trauma. That, should the Petitioner be enlarged on bail he will be able to assist his family. It was urged that his good conduct be taken into consideration as he was on bail during the entire trial before the Learned Trial Court and did not abscond. He is willing to abide by all terms and conditions imposed by this Court if enlarged on bail.