Pawan Kumar v. State of Hp
Case brief
What is this about?
In an application for suspension of sentence under Cr. A. No. 213/2024, the court examined the facts of a POCSO conviction where the victim knew the accused. Finding the appeal had a likelihood of succeeding due to conflicting medical and testimonial evidence, the court suspended the sentence subject to sureties and conditions.
What did the court decide?
Sentencing suspended; ordered to furnish two sureties of Rs. 50,000 each, restrict travel abroad without permission, and deposit the fine.
What the court decided
Pawan Kumar vs. State of H.P.
Cr. A. No. 213/2024
8.7.2024 Present: Mr. Kishore Pundir, Advocate, for the appellant/applicant.
Mr. Y. W. Chauhan, Sr. Addl. A.G with Mr. Navlesh Verma, Ms. Sharmila Patial and Mr. Raj Negi, Dy.A.G. for the respondent-State.
Cr. MP No. 1648/2024
The appellant/applicant has filed this application
for suspension of sentence.
2 The facts necessary for adjudication of the instant application are that the father of the victim, PW2, got lodged an FIR against the applicant, wherein it was mentioned that his elder daughter, Anju Kumari had got married to one Sunil Kumar at Village Samletu. Sunil Kumar was living at Bilaspur adjacent to the office of I.P.H Department. On 14.8.2019, his daughter, victim, had come to the house of her sister, Anju. At about 6.00 P.M., when he reached home from his duties, he asked Anju on telephone about the victim and he was told that she had sent the victim to home by bus at 2.00 P.M. Thereafter, he searched for the victim in his relation.
3 On 16.8.2019 at about 8.00 P.M., his relatives came to his house with the victim and the victim, when asked about her absence, disclosed to her mother that on 14.8.2019, while she was coming back to her home, then elder brother of husband of her sister, Anju, the applicant
Issues for consideration
2 issues framed by the court
Whether the suspension of sentence is appropriate given the prima facie likelihood of the appeal succeeding despite the nature of the offence against a minor.
Whether the medical evidence and testimony regarding the relationship between accused and victim justify setting aside the conviction at this stage.
Parties & counsel
- appellant
Pawan Kumar
- respondent
State of H.P.
Coram
Tarlok Singh Chauhan
Case details
As recorded by the court registry
- Court
- Himachal Pradesh HC
- Decided on
- · July
- Registered
- Case no.
- CRMP/1648/2024
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