A conviction under the POCSO Act requires consistency in prosecutorial evidence; contradictions challenge the validity of charges.

Order

04/06/2025

1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 28.05.2025 passed by the learned Special Court, POCSO Act 2012, Pratapgarh, District Pratapgarh in Session Case No.69/2024:

2. The appellant-applicant has preferred the application for suspension of sentence under Section 430 of B.N.S.S. for suspension of sentences during the pendency of the appeal and for release on bail.

3. Learned counsel for the appellant-applicant submits that the accused-appellant has been convicted for the offences under Section 74 of the B.N.S.S. read with Sections 7/8 of the POCSO Act, 2012, and under Section 75(2) of the B.N.S.S. The maximum sentence awarded is for a period of 03 years. It is further submitted that vide order dated 28.05.2025, the sentence of the appellant-applicant has already been suspended by the learned Trial Court till 27.06.2025.

3.1 Learned counsel for the appellant-applicant further submits that there exist substantial contradictions between the statement of the prosecutrix recorded before the learned Trial Court and her earlier statements recorded under Sections 180 and 184 of the B.N.S.S., 2023. It is further contended that a monetary transaction has been given the colour of a criminal case, and the appellant has been falsely implicated and victimized at the instance of the complainant.

4. Learned Public Prosecutor opposes the application for suspension of sentence and submits that the learned Trial Court has considered each and every piece of evidence threadbare and thereafter held the appellant-applicant guilty and imposed the punishment upon him.

5. Having considered the facts and circumstances of the case, and after perusing the impugned order passed by the learned Trial Court, and also considering the fact that the conviction imposed upon the appellant-applicant under Section 75(2) of B.N.S., 2023 is of 02 years, and under Section 74 of the BNS, 2023 read with Sections 7/8 of the POCSO Act, 2012 is for a period of 03 years, and also considering the fact that he has already been enlarged on bail by the learned Trial Court, looking to the period of sentence, the instant application for suspension of sentence filed under Section 430 of B.N.S.S. is allowed.

6. Accordingly, the instant application for suspension of sentence filed under Section 430 of B.N.S.S. is allowed and it is ordered that substantive sentence passed by the learned Special Court, POCSO Act 2012, Pratapgarh, District Pratapgarh in Session Case No.69/2024, against the appellant-applicant, namely, Shambhulal son of Shri Dhannalal, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance in this court on 07.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:

1. That he will appear before the trial court in the month of January of every year till the appeal is decided.

2. That if the applicant change the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s) they will give in writing their changed address to the trial court.

7. The learned trial court shall keep the record of attendance of the accused-applicant in a separate file. Such fil