Suspension of sentence benefits based on the duration of custody (undergoing half the sentence) are not applicable to convictions under the POCSO Act due to the nature of the crime against children.

Judgment / Order

1. Accused-applicant has preferred this second application for suspension of sentence.

2. Heard on second application for suspension of sentence.

3. It is contended by counsel for the applicant that accused has remained in custody for a period of six years and seven months. He is a young boy, who has completed his nursing training.

4. Learned Public Prosecutor and counsel for the complainant have opposed the second application for suspension of sentence. It is contended that victim in this case is a fourteen years old girl. Merely because applicant has remained in custody for a period of six years and seven months, application for suspension of sentence should not be allowed.

5. I have considered the contentions.

6. Present is a case where there is allegation of rape with a child aged fourteen years. The offence was committed under the POCSO Act and the applicant has been convicted under Section 4 of the POCSO Act. The Judgment of the Apex Court, where sentence of those who undergone half of the sentence were given benefit of suspension of sentence does not apply to the cases under the POCSO Act. Since the offence has been committed with a child, aged fourteen years, I am not inclined to entertain the second application for suspension of sentence.

7. Accordingly, the second application for suspension of sentence is dismissed.