Uttarakhand High Court
Unknown vs State Of Uttarakhand on 6 March, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No. 2 of 2024 (Bail and Suspension of Sentence)
In
Criminal Appeal No. 118 of 2024
Annu James
........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. V.S. Yadav, Advocate for the appellant.
Mr. V.S. Rawat, AGA for the State.
Hon'ble Ravindra Maithani, J.
The challenge is made to the conviction and sentence of
the appellant recorded in Special Sessions Trial No. 99 of 2019,
State v. Annu James, by the court of Additional District and
Sessions Judge/FTC (POCSO), Dehradun, on 13.12.2023. By it, the
appellant has been convicted under Sections 363, 366A and Section
4 of the Protection of Children from Sexual Offences Act, 2012 (“the
POCSO Act“) and sentenced as follows:-
(i) Under Section 363 IPC – rigorous
imprisonment for a period of three years
and a fine of Rs. 2,000/- and in default of
payment of fine, to undergo additional
imprisonment for a period of one month.
(ii) Under Section 366A IPC – rigorous
imprisonment for a period of five years and
a fine of Rs. 2,000/- and in default of
payment of fine, to undergo additional
imprisonment for a period of one month.
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(iii) Under Section 4 of the POCSO Act –
rigorous imprisonment for a period of ten
years under and a fine of Rs. 20,000/- and
in default of payment of fine, to undergo
additional imprisonment for a period of
three months.
2. The appeal is already admitted.
3. Heard on bail application.
4. Learned counsel for the appellant would submit that the
appellant and the victim both were teenagers; they fell in love; the
victim willingly left her home and joined the company of the
appellant. Learned counsel would refer to the statement of the victim
recorded during examination under Section 164 of the Code of
Criminal Procedure, 1973 and her statement recorded during trial.
He would submit that the appellant was on bail during trial.
5. Learned State Counsel admits that the appellant and
the victim both were in relationship.
6. Having considered, this Court is of the view that it is a
case in which the execution of sentence should be suspended and
the appellant be enlarged on bail.
7. The bail application is allowed.
8. The execution of sentence appealed against is
suspended during the pendency of the appeal.
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9. Let the appellant be released on bail, during the
pendency of the appeal on his executing a personal bond and
furnishing two reliable sureties, each of the like amount, to the
satisfaction of the court concerned.
10. List the criminal appeal for final hearing on 16.06.2025.
(Ravindra Maithani, J)
06.03.2025
Avneet/
