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Material contradictions, significant omissions, and the complete absence of the alleged photographs, videos, messages, and call records persuades the Bombay High Court to suspend the sentence in a POCSO conviction, holding that the prosecution case raised serious issues requiring appellate scrutiny and that the evidence disclosed chances of acquittal pending appeal.
“Present case appears to be a case of mental depravity arising out of sibling jealousy, which needs to be addressed before it takes unruly dimensions in the society.”
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
“The conviction and sentence awarded to convict shall also remain suspended during the pendency of this appeal, since he is a Government servant and his right to earn his livelihood for survival cannot be curtailed because of implication in this case.”
In its order dated 23-12-2024, Delhi High Court had expressed satisfaction that offence under Section 5(c) of the POCSO Act was not made out against Kuldeep Sengar on account of him not falling within the definition of a “public servant” and therefore suspended his sentence during the pendency of the Appeal.
“This is not a case of insufficient evidence, but a case of no evidence at all.”
‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’
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“Considering the backlog of appeals pending before this Court, the chance of the appeal being heard in near future is extremely remote.”
The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.
“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
“Appellate Courts must also keep in mind that the conditions imposed while suspending sentence of fine, should not be such that they are impossible to comply with, for such condition may amount to defeating the appellant’s right of appeal against the order of conviction.”
The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.
Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.
When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.
The prosecution alleged that the appellant, along with a co-accused, conspired to create disturbance during the Sinhast occasion at Ujjain by leaving behind the bag with explosive substances and forged identity documents to falsely implicate a particular community.
The Court applied the doctrine of harmonious construction and observed that granting of parole would not amount to any intervention in pending proceedings before Supreme Court under Section 389 of CrPC
Rajasthan High Court said that the hearing of revision is likely to take more time, thus, it is a fit case for suspending the sentence awarded to the convict.
Kerala High Court suspended Lakshadweep MP, Mohammed Faizal’s conviction and sentence of imprisonment until the disposal of appeal against the decision of Sessions Court
The atrocities against women in their matrimonial homes are on the rise, and women committing suicide unable to bear the cruelty and harassment on demand of dowry are also rampant.