PANAJI
The High Court of Bombay at Goa granted relief to one Pradhan Choudhary, a convicted rapist, by suspending his life sentence and accepting his appeal against the Children Court's decision. Justice M S Karnik, presiding over the case, also granted Choudhary conditional bail in an order pronounced on Thursday.
Choudhary had filed a criminal application seeking the suspension of his sentence, for the offense committed under relevant sections of the Indian Penal Code, the Goa Children's Act, and the Protection of Children from Sexual Offences Act.
The juvenile court, in its order on January 13, 2023, sentenced him to 10 years of rigorous imprisonment and a fine of Rs 2 lakh.
Choudhary, who had been in custody for more than five months, challenged the order, seeking suspension of his sentence, and granting of bail.
While hearing the application, the Court examined the evidence and noted that during cross-examination (in the trial court), the victim stated that she did not know if the accused was known as Kusko and that she had not informed the police about this person’s name.
The victim’s deposition, however, contradicted this statement, indicating that she had identified the accused as Kusko. Although there was no Test Identification Parade conducted, the victim recognized the accused in court.
The accused also submitted that the case against him was a result of differences between the victim’s father and the owner of the shop where he was employed.
After considering the arguments, the Court allowed the petition and observed that there was no evidence to suggest that the accused had abused his liberty while on bail.
“The application is therefore allowed. The sentence imposed against the applicant (accused) … by the President of the Children's Court, is suspended, and the applicant shall be released on bail upon furnishing a personal bond of Rs 20,000, with one or two sureties of the same amount, to the satisfaction of the trial Court,” the order states.
