ARUN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) On a joint trial conducted of the three convicted persons the learned Special Judge, (POCSO), West Sikkim at Gyalshing vide judgment dated 09.11.2017 convicted all of them including the present Applicant.

(2.) An appeal under section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) was preferred by the Applicant on 28.03.2018.

(3.) The present application under section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence pending the appeal was preferred by the Applicant on 28.02018 itself. The Applicant pleads that he is the only earning member of his family consisting of himself, his wife and two minor children who has been in judicial custody since 11.02.2017. The Applicant also pleads that although there was no material against the