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SANJAY KAROL, PRASHANT KUMAR MISHRA
Lilaben – Appellant
Versus
State of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT
SANJAY KAROL J.
Leave Granted
2. This appeal is at the instance of the mother of a minor, who was a victim of sexual assault in connection with which a First Information Report, bearing particulars No.11215003220383, PS Anklav, District Anand, under Sections 363, 366 of the Indian Penal Code, 1860 and Section 18 of the Protection of Children from Sexual Offences Act, 20121 [‘POCSO Act’], was registered. After investigation, the accused person, who is Respondent No.2 before this Court, was convicted by the Trial Court2 [Special POCSO Judge and Additional Sessions Judge, Anand at Anand in Sp. POCSO Case No. 66 of 2022]. The sentence handed down to him was as under :
(1) Suspension of sentence – What gets stayed is only execution of sentence and nothing more.
(2) Suspension of sentence – Casting doubt upon finding returned by Court below, when same is not with....
Legislators not 'public servants' under Section 21 IPC for POCSO aggravated offenses; sentence suspended post minimum term service pending appeal.
The court suspended the sentence of the accused-applicant due to doubts regarding the prosecution's evidence and the significant time already served.
Juvenile status considered in sentencing under POCSO and SC/ST Acts; bail granted based on procedural deficiencies.
Suspension of sentence and release on bail – There is clear distinction in law between setting aside of bail by a Higher Court and cancellation of bail.
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