THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Appeal Jurisdiction)
th
Dated : 5 August, 2024
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DIVISION BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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Crl.A. No.22 of 2023
Appellant : Ealsona Rai alias Sonam
versus
Respondent : State of Sikkim
Application under Section 374(2) of the
Code of Criminal Procedure, 1973
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Appearance
Mr. Jorgay Namka, Senior Advocate (Legal Aid Counsel) for the
Appellant.
Mr. S. K. Chettri, Additional Public Prosecutor for the Respondent.
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ORDER ON SENTENCE
Meenakshi Madan Rai, J.
1. Heard Learned Counsel for the parties on Sentence.
2. Learned Senior Counsel for the Appellant/Convict
submits that the minimum sentence under Sections 361/363 of the
Indian Penal Code, 1860 , may be imposed
(hereinafter, the “IPC”)
on the Appellant in view of the fact that he is a young man aged
about twenty-six years, his wife has abandoned him and his
children, who are minors and dependent on him. That, they are
presently in the care and custody of their paternal aunt who herself
is burdened with her own home and other issues to deal with.
Hence, a sympathetic view be taken while meting out the sentence.
3. Learned Additional Public Prosecutor submits that the
maximum sentence as prescribed under Section 363 of the IPC be
meted out to the Appellant/Convict.
Crl.A. No.22 of 2023
Ealsona Rai @ Sonam vs. State of Sikkim 2
4. Having given due consideration to the rival submissions
and the offence involved, we are of the considered view that the
following sentence would meet the ends of justice;
(i) The Appellant is sentenced to undergo simple
imprisonment with fine of 2,000/-(Rupees two
of seven years’ ₹
thousand) only, under Section 361, punishable under Section 363
of the IPC. In default of payment of fine, to undergo further simple
imprisonment of one month.
5. The conviction and sentence imposed by the Learned
Trial Court on the Appellant under Sections 3(a)/18 of the
Protection of Children from Sexual Offences Act, 2012 (hereinafter,
is not disturbed.
the “POCSO Act”),
6. The sentences of imprisonment imposed on the
Appellant under Sections 3(a)/18 of the POCSO Act and under
Sections 361/363 of the IPC shall run concurrently. The period of
imprisonment already undergone by the Appellant/Convict as an
under-trial prisoner and on his conviction under Sections 3(a)/18 of
the POCSO Act be set off against the period of imprisonment
imposed on him today.
7. Appeal disposed of accordingly
8. Copy of this Order be forwarded to the Learned Trial
Court for information along with its records.
9. A copy of this Order also be made over to the
Appellant/Convict through the Jail Superintendent, Central Prison,
Rongyek and to the Jail Authority at the Central Prison, Rongyek,
for information and appropriate steps.
( Bhaskar Raj Pradhan ) ( Meenakshi Madan Rai )
Judge Judge
05-08-2024 05-08-2024
Approved for reporting : Yes
ds/to/sdl