THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Appeal Jurisdiction)
th
Dated : 5 August, 2024
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SINGLE BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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Crl.A. No.34 of 2023
Appellant : Bindhyachal Baitha
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 State-
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
submitted that this Court consider sympathetically the
while imposing sentence as
circumstances of the Appellant’s family
his wife is not earning, he has three dependent children, of which
the daughter is attending college and two sons are school going.
That, his prolonged incarceration would in fact affect them
adversely. That, since twenty years has been prescribed under
’
Section 6 of the Protection of Children from Sexual Offences Act,
), as the minimum
2012 (hereinafter, the “POCSO Act”
imprisonment, that be the only sentence to be imposed on him and
not life imprisonment as also prescribed in the provision.
3. Learned Additional Public Prosecutor submits that he
has no objection to the submissions put forth by Learned Senior
Counsel for the Appellant.
Crl.A. No.34 of 2023
Bindhyachal Baitha vs. State of Sikkim 2
4. Having given due consideration to the submissions
advanced, I am of the considered opinion that the following
sentence will meet the ends of justice;
(i) Accordingly, the Appellant/Convict is sentenced to
to pay a fine
undergo rigorous imprisonment of twenty years’ and
0/-(Rupees three thousand) only, under Section 5(m)
of ₹ 3,00
punishable under Section 6 of the POCSO Act. In default of
payment of fine, the Appellant shall undergo further rigorous
imprisonment of one month.
(ii) The period of imprisonment already undergone by the
Appellant as under-trial prisoner and convict under Section 9(m)
punishable under Section 10 of the POCSO Act, be set off against
the period of imprisonment imposed on him today.
5. Appeal disposed of accordingly.
6. Copy of this Order be forwarded to the Learned Trial
Court for information along with its records.
7. 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.
( Meenakshi Madan Rai )
Judge
05-08-2024
Approved for reporting : Yes
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