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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, HARISH VAIDYANATHAN SHANKAR
Kuldeep Singh Sengar – Appellant
Versus
Central Bureau Of Investigation – Respondent
| Table of Content |
|---|
| 1. application for sentence suspension pending appeal in sexual assault conviction. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. prosecution evidence and witness testimonies on incident and victim age. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. trial court findings on age, investigation, alibi, and public servant status. (Para 15 , 16 , 17 , 18 , 19) |
| 4. contentions on age discrepancy, alibi, delay, and threat factors. (Para 20 , 21 , 22 , 23) |
| 5. analysis of public servant definition under ipc and pocso applicability. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. rejection of aggravated offense charges under trust or dominance provisions. (Para 31 , 32 , 33 , 34 , 35) |
| 7. principles for sentence suspension under crpc section 389. (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 8. consideration of incarceration period and speedy trial rights. (Para 42 , 43 , 44) |
| 9. grant of suspension with protective conditions for victim. (Para 45 , 46 , 47 , 48) |
1. The present application has been filed by the Appellant under Section 389(1) read with Section 482 of the Code of Criminal Procedure, 1963 ["CrPC"] seeking regular suspension of sentence during the pendency of the appeal.
2. The Appellant herein has been c
Legislators not 'public servants' under Section 21 IPC for POCSO aggravated offenses; sentence suspended post minimum term service pending appeal.
The appellant's conviction under the POCSO Act was upheld as the victim was underage at the time of the offense, notwithstanding the alteration in charges, which did not prejudice the appellant's def....
The court affirmed that consent is irrelevant if the victim is a minor, emphasizing that credible evidence, especially concerning age, is paramount in cases under the POCSO Act.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
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