Disposed

Kalu and 3 Others v. State of Up and 3 Others

Allahabad HC14 Nov 2025CRLA/704/2024

Case brief

AI extract

What is this about?

Convict-appellants in a POCSO case sought suspension of sentence pending appeal. The trial court had already suspended their sentence till expiry of the limitation period for filing appeal; the High Court extended that concession and made the suspension absolute.

What did the court decide?

Suspension of sentence application allowed; trial court's order dated 7.12.2023 suspending sentence made absolute.

Kalu and 3 Others vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 704 of 2024

Kalu And 3 Others

.....Appellant(s)

Versus

State Of Up And 3 Others

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Counsel for Appellant(s)	: Ajit Kumar .....Respondent(s)
Counsel for Respondent(s)	: G.A.

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Court No. - 50

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HON'BLE MANOJ BAJAJ, J.

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(Order on Appeal)

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List this appeal in due course.

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(Order on Suspension of Sentence Application)

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Applicants-Appellants, namely, Kalu, Harendra, Somveer and Sahab Singh have applied for suspension of sentence during pendency of the appeal, arising against the judgment of conviction and order of sentence dated 7.12.2023 passed by Special Judge (POCSO Act, 2012)/Additional District and Sessions Judge, Aligarh in Sessions Case No.108 of 2015, thereby convicting the appellants under Sections 354Ka, 323/149, 504, 506 IPC and 11 POCSO Act, 2012, who has been sentenced for commission of various offences along with fine.

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The applicant-convict was prosecuted through Case Crime No.522 of 2013, under Sections 354K, 323/149, 504, 506 IPC and 11 POCSO Act, 2012, registered at Police Station Sasni Gate, District Aligarh.

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Learned counsel for applicants submits that the judgment of conviction dated 7.12.2023 is not based upon the correct appreciation of evidence as material discrepancies in the prosecution case have been ignored by the trial court. Learned counsel submits that applicants have been sentenced for commission of different offences, who has been inflicted with a maximum sentence of three years under Section 11 POCSO Act, 2012 alongwith fine. Learned counsel has drawn the attention of the Court to

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CRLA No. 704 of 2024

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the order dated 07.12.2023 passed by Special Judge (POCSO Act, 2012)/Additional District and Sessions Judge, Aligarh to contend that the trial court after convicting the applicants had suspended their sentence till the expiry of the limitation period provided for filing the appeal, to enable them to prefer the appeal. He prays for suspension of their sentence.

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While opposing the prayer, learned AGA has not disputed the fact that the sentence imposed upon the applicants already stands suspended by the trial court vide order dated 7.12.2023.

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After hearing the learned counsel for the parties and considering the above background, this Court is of the considered opinion that the appeal may not get mature for final hearing in near future, therefore, the concession of suspension of sentence deserves to be extended to the applicants- convicts.

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Resultantly, without meaning any expression of opinion on the merits of the appeal, the application is allowed and the order dated 7.12.2023 passed by the trial court suspending the sentence of the applicantsappellants is hereby made absolute.

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(Manoj Bajaj,J.)

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November 14, 2025 Raj

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Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad

Kalu and 3 Others v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Kalu and 3 Others v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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