Conviction under Sections 354-B IPC and Sections 7/8 POCSO Act upheld by trial court with three years rigorous imprisonment. High Court allowed application for suspension of sentence, making the trial court's interim suspension order absolute pending the appeal.
Application for suspension of sentence allowed; trial court's order suspending sentence made absolute.
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 802 of 2024
Meraj Khan
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
| Counsel for Appellant(s) | : Diwan Saifullah Khan |
|---|---|
| Counsel for Respondent(s) | : G.A. |
Court No. - 50
HON'BLE MANOJ BAJAJ, J.
(Order on Appeal)
List this appeal in due course.
(Order on Suspension of Sentence Application)
Applicant-Appellant, namely, Meraj Khan stands convicted through judgment dated 21.12.2023 passed by Special Judge (P.O.C.S.O. Act), Chandauli in Special Sessions Trial No. 107 of 2018, arising out of Case Crime No. 259 of 2018, under Sections 354-B I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Balua, District Chandauli and sentencing him for three years rigorous imprisonment alongwith fine.
Learned counsel for applicant submits that the judgment of conviction dated 21.12.2023 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 applicant has been sentenced for three years rigorous imprisonment under Section 354-B I.P.C. alongwith fine. Learned counsel has drawn the attention of the Court to the order dated 21.12.2023 passed by Special Judge (P.O.C.S.O. Act), Chandauli to contend that the trial court after convicting the applicant had suspended his sentence till the expiry of the limitation period provided for filing the appeal, to enable him to prefer the appeal. He prays for suspension of his sentence.
While opposing the prayer, learned AGA has not disputed the fact that the sentence imposed upon the applicant already stands suspended by the trial court vide order dated 21.12.2023.
After hearing the learned counsel for the parties and considering the above background, this Court is of the opinion that the appeal may not get mature for final hearing in near future, therefore, the concession of
CRLA No. 802 of 2024
2
suspension of sentence deserves to be extended to the applicant- convict.
Resultantly, without meaning any expression of opinion on the merits of the appeal, the application is allowed and the order dated 21.12.2023 passed by the trial court suspending the sentence of the applicantappellant is hereby made absolute.
(Manoj Bajaj,J.)
November 14, 2025
Raj
Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Should the sentence of the convicted appellant be suspended during the pendency of his appeal?
2 provisions across 2 enactments
Meraj Khan
State of U.P.
Manoj Bajaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
