ORDER

Re: I.A. No. 1 of 2019:

This application has been filed seeking suspension of sentence and release of the appellant on bail during the pendency of this appeal under Section 389(1) of the Code of Criminal Procedure.

2. The sole appellant has assailed the judgment and order of learned 1st Additional Sessions Judge-cum-Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Sitamarhi, dated 14.06.2018, passed in G.R. No.2175 of 2016/Trial No.47A of 2016, whereby the appellant has been convicted of the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code, Section 3(1) (w)(i), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and under Sections 4, 12 of the Protection of Children from Sexual Offences Act, 2012, and vide order dated 20.06.2018 sentenced him to undergo rigorous imprisonment for five years and fine of Rs.2000.00 under Section 363 of the Indian Penal Code, rigorous imprisonment for five years and fine of Rs.2000.00 under Section 366A of the Indian Penal Code, rigorous imprisonment for ten years and fine of Rs.5000.00 under Section 376 of the Indian Penal Code, rigorous imprisonment for one year and fine of Rs.1000.00 under Section 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, imprisonment for life and fine of Rs.10000.00 under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and rigorous imprisonment for ten years and fine of Rs.5000.00 under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and rigorous imprisonment for two years and fine of Rs.1000.00 under Section 12 of the Protection of Children from Sexual Offences Act, 2012. The sentences are to run concurrently in terms of the impugned judgment and order of the trial court.

3. This criminal appeal was filed on 19.07.2018.

4. Evidently, thus, the appeal is pending for nearly four years.

5. It is being submitted on behalf of the appellant that there are good grounds for interfering with the impugned judgment and order under appeal. It is being additionally submitted that there is no likelihood of the appeal being taken up for final hearing in near future, which is an additional ground for suspending the sentence and release of the appellant on bail under Section 389(1) of the Code of Criminal Procedure.

6. In view of the aforesaid submission made on behalf of the appellant, we consider, at this juncture, apt to notice a significant statutory provision under sub-section (4) of Section 374 of the Code of Criminal Procedure, which reads as under:—

"(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal."

7. It is evident on bare reading of sub-section (4) of Section 374 of the Code of Criminal Procedure that it mandates disposal of appeals within a period of six months from the date of filing of appeals, if such appeals are filed against against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code.

8. The use of the expression ‘shall’ in sub-section (4) of Section 374 of the Code of Criminal Procedure cannot be lost sight of as it discloses the legislative intention underlying the said provision for expediting disposal of such appeals within a period prescribed under the said provision.

9. It is noteworthy that sub-section (4) of Section 374 came to be inserted in Section 374 of the Code by the Criminal Law (Amendment) Act, 2018, enacted to amend Indian Penal Code, Indian Evidence Act and the Code of Criminal Procedure and Protection of Children from Sexual Offences Act, 20