SACHIN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The applicant has filed an appeal under Sec. 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS). He has been convicted vide impugned judgment dtd. 27/5/2025 and sentenced vide order dtd. 30/5/2025 to undergo rigorous imprisonment for a term of three years and fine of Rs.2000.00 for the offence under Sec. 7 punishable under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) As the applicant was convicted by the learned Special Judge on 27/5/2025 and he was taken into custody on 27/5/2025. He has been in custody since then.

(3.) The application for suspension of sentence is under Sec. 430(1) of the BNSS, 2023 which provides that pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond.