This order admits the criminal appeal filed by Dinesh Kumar challenging a conviction under POCSO Act. The court issues notices to respondents, requires a service report, and grants interim bail to the appellant on the same terms until the next listing.
Interim bail granted on the same terms until the date of next listing.
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Court No. - 14
Case :- CRIMINAL APPEAL No. - 3645 of 2024
Appellant :- Dinesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
Counsel for Appellant :- Santosh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the appellant and learned A.G.A. for the State.
2. Under challenge in this criminal appeal is the impugned judgment and order dated 23.10.2024 passed by the learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Gonda, in Sessions Trial No.615 of 2020 titled State vs. Dinesh Kumar, arising out of Case Crime No.318 of 2019, under Sections 354A, 504, 506 I.P.C. and Sections 7/8 POCSO Act, Police Station Itiyathok, District Gonda.
3. Learned counsel for the applicant/ appellant has submitted the accused-applicant/ appellant is innocent, who has been falsely implicated in the present case due to some ulterior reasons. He has also submitted that the finding of guilt recorded by the learned trial court is against the weight of evidence, which is based on surmises and conjectures, therefore, the same is perverse.
4. His next submission is that the accusedappellant/ applicant was on bail during trial and he has never misused the liberty of bail granted to
him during trial. He has also submitted that the maximum sentence awarded to the appellant/ applicant is upto three years only for the offence under Section 8 POCSO Act. The accusedappellant/ applicant has no previous criminal history.
5. His further submission is that the learned trial court failed to appreciate material contradictions appearing in the testimonies of prosecution witnesses. Therefore, the accused-appellant/ applicant is entitled to be enlarged on bail during pendency of this appeal.
6. Learned counsel for the accused-appellant/ applicant has drawn attention of this Court to the fact that the accused-appellant/ applicant has also been granted interim bail vide order dated 23.10.2024 passed by the learned Additional Sessions Judge/ Special Judge (POCSO Act), Gonda to prefer the present criminal appeal, which too has not been misused by him.
7. Admit.
8. Summon the trial court record.
9. Issue notices to respondents No.2 to 4, returnable at an early date.
10. Steps be taken within a week.
11. List this case after eight weeks alongwith service report.
12. Till the next date of listing, the accusedappellant/ applicant, Dinesh Kumar shall continue to remain on interim bail on the same terms.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 20.11.2024 cks/-
Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the accused-appellant is entitled to be enlarged on bail during the pendency of the appeal.
Whether the findings of guilt are based on surmises and conjectures.
Dinesh Kumar
State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
Ajai Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
