Judgement question POCSO 6 and 376

913 votes

In cases involving conviction under Section 6 of the POCSO Act read with Section 376 IPC, the position is comparatively serious because Section 6 POCSO prescribes a severe minimum sentence, generally not less than 20 years, subject to the applicable facts and statutory provisions. Therefore, if the accused is convicted by the Special Court/Trial Court, there is a substantial possibility that he may be taken into custody immediately upon pronouncement of sentence. However, conviction and sentencing are distinct stages. The Court may first pronounce the judgment of conviction and thereafter hear the accused on the question of sentence before passing the sentencing order. In some cases, both may happen on the same day, while in others the matter may be adjourned for hearing on sentence. Once the accused is convicted and sentenced, the appropriate remedy is to file a criminal appeal before the High Court, along with an application for suspension of sentence and grant of bail pending appeal. The appeal can be filed even if the accused has already been taken into custody. An urgent mentioning can also be made before the High Court seeking early listing because of the accused's incarceration. However, in offences under Section 6 POCSO and Section 376 IPC, suspension of sentence is not automatic. The High Court will examine the judgment, evidence, age-related findings, medical and forensic evidence, testimony of the prosecutrix/victim, contradictions, legal infirmities and the overall merits of the appeal. The seriousness of the offence and length of sentence are also important considerations. There is no fixed time within which the High Court must grant bail or suspend the sentence. In an appropriate urgent case, the matter can be listed promptly, but the time depends upon the urgency shown, the roster of the High Court and the merits of the case. The immediate step should be to obtain the judgment and order on sentence, prepare the criminal appeal without delay and simultaneously move an application seeking suspension of sentence and interim relief/bail. Each case depends heavily upon the evidence and findings recorded by the Trial Court, so the judgment should be examined in detail before advising on the prospects of suspension of sentence.

Advocate Yuganshu Sharma LawRato

736 votes

Arrest at the time of judgment: If the accused is convicted and sentenced to imprisonment, the Court can take him into custody immediately. However, if he is already on bail and the sentence is up to 3 years, the trial court can grant him bail for sufficient time to file an appeal, subject to Section 430(3) BNSS. � Cytrain +1 Conviction and sentence: Yes. The Court can pronounce the conviction and sentence on the same day. Depending on the case, the court may pronounce the judgment of conviction first and then hear the accused on the question of sentence. Bail from High Court while in jail: Yes. After conviction, the accused can file an appeal and an application for suspension of sentence and bail under Section 430 BNSS before the appellate court/High Court, even if he is in custody. � BPRD +1 Urgent bail against an allegedly wrong conviction: The proper remedy is to file the criminal appeal along with an application for suspension of sentence/bail, highlighting serious errors in appreciation of evidence, legal defects, contradictions, lack of ingredients of the offence, etc. The High Court does not ordinarily grant bail merely because the accused says the conviction is wrong; the appeal grounds must demonstrate a strong/arguable case. Recent courts have emphasized this approach. � Indian Kanoon +1 How quickly can High Court grant bail? There is no fixed statutory time limit. In an urgent matter, an application for suspension of sentence/interim bail can be moved urgently, but the actual time depends on the High Court, nature of offence, sentence, custody status, notice to the State/PP, and availability of the court. For offences punishable with death, life imprisonment, or 10 years or more, the Public Prosecutor must be given an opportunity to oppose release. �

Advocate Shakun Gosain LawRato

527 votes

1. if the accused is present in court he may be immediately arrested on the order of the judge if he is not present in court he will be asked to surrender 2. depends on the judge who may pronounce the conviction after the judgement 3. yes accused can apply for bail while in judicial custody 4. depends on the merits if it can be shown that it is a false case the High Court may 5. usually bail matters are taken up on priority basis so you can expect and early judgement

Advocate Kunal Seth LawRato