The court found prima facie evidence insufficient to uphold conviction, leading to the suspension of the appellant's sentence pending appeal.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

5 05-02-2026 Re. I.A. No. 01 of 2026: -

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State on this interlocutory application seeking suspension of sentence and release of the appellant on bail during pendency of the appeal.

2. This Court had earlier issued notice to the informant-respondent No.2. The notice has been duly served upon the informant, but he has chosen not to enter appearance in this case.

3. Records have been placed before this Court to consider the prayer of the appellant for suspension of her sentence and release on bail during pendency of the appellant.

4. The appellant has been convicted vide judgment dated 12.06.2025 in POCSO Case No. 25 of 2017, arising out of Bhabhua P.S. Case No. 676 of 2016 dated 01.12.2016, passed by learned Additional Session Judge VI-cum-Special Judge, POCSO Act, Kaimur, for the offence punishable under Sections 376(1) and 109 of the Indian Penal Code (for brevity “IPC”) and Section 6 /17 of the Protection of Children from Sexual Offences Act , 2012 (for brevity “POCSO”). By order of sentence dated 20.06.2025, he has been ordered to undergo rigorous imprisonment of twenty years with a fine of Rs.40,000/- for the offence under Sections 6 and 17 of the POCSO Act and in default of payment of fine, he shall further undergo rigorous imprisonment for three years. For the sake of brevity, punishment under other sections are not mentioned.

5. Learned counsel for the appellant submits that the prosecution case is based on the written information furnished by the father of the victim on 01.12.2016. According to his written information (Exhibit-P-9/P.W.9), his daughter (‘X’), aged about 13 years, had left her house in the morning at 09:00 AM for purchase of medicines. She was going to Bhabhua by a bicycle. He has not stated anything more than this with regard to what happened after 25.11.2016, but has made a statement that on 01.12.2016, he saw his daughter together with Guddu Kumar, son of Shri Hitlal Singh of village Gawai, P.S.-Bhabhua, District-Kaimur. He alleged that on seeing him, the said Guddu Kumar fled away leaving his daughter. His daughter started weeping and told him that Guddu Kumar and Chandan Kumar had forcibly taken her to their house, where Hitlal Singh and mother of Guddu had confined her in a room and they wanted to get her married with Chandan Kumar.

6. Learned counsel for the appellant submits that from the FIR itself, it is evident that from 25.11.2016, the victim was missing as she had not returned her home, but no information in this regard was given to the police station. The informant (P.W.3) has stated in his deposition that his daughter returned after six days. Nothing has come to explain as to why for six days no information was given to police.

7. Learned counsel further submits that the statement of the victim was recorded under Section 164 of the Cr.P.C., wherein she has stated that she has studied up to class 10^th. On 25^th November, 2016, she had reached Bhabhua, where Guddu had given her a phone call and told her to come. He also told her that he would arrange her marriage with Chandan, who happen to be the younger brother of Guddu. She has stated that when she reached Bhabhua Nagarpalika, Chandan was not present there and it was Guddu who confined her for a night, whereafter mother of Guddu asked him to bring her at home, then Guddu took her to his house at Belwatia where she was kept for three days. She has further stated that when her mother and father came with police in Gawai Mohalla, then she was kept in Nagarpalika for three days, but later on, when he had gone outside, she came out of the house in a bush and took a mobile from a person whereafter she made a call to her mother, thereafter her mother came with the thana people.

8. Learned counsel further submits tha