Delhi HC Temporarily Suspends Sentence Of A Man Convicted Under POCSO Act, Directs Use of Google's 'Drop A Pin' To Send Live Location To Investigating Officer [Read Order]

While taking into consideration the medical vulnerability of the convict, the Single Bench of Justice Anup Jairam Bhambhani has temporarily suspended the said sentence for 3 months on multiple conditions.

Ms Asha Tiwari, Additional Public Prosecutor who appeared for the state, opposed the application by submitting that the appellant has been convicted under section 6 read with section 5(m) of the POCSO Act and has been sentenced to 10 years in prison.

However, she did inform the court that the applicant has paid the fine of Rs. 10,000/- that was imposed on him as part of the sentence. Moreover, the victim has also received 1.25 lacs under the Delhi Victim Compensation Scheme, 2018.

Arguing for the suspension, Mr Amit Chauhan had submitted that Discharge Summary dated 13.09.2016 prepared by Max Super Speciality Hospital, Vaishali, which records the course of treatment the appellant had undergone in 2016 relating to various illnesses, such as myasthenia gravis with aspiration pneumonitis, Type-II diabetes mellitus, hypertension and bronchial asthma for which the appellant was hospitalised from 23.08.2016 to 13.09.2016.

Mr Chauhan further submitted that the appellant remains under heavy medication and requires regular monitoring and care for him to remain in a stable medical condition.

While citing the old age of the convict, which happens to be 72 years, Mr Chauhan argued that the convict's past medical condition puts him in a vulnerable category, that makes it medically unsafe for him to remain in prison in the present circumstances of the prevalent public health emergency.

While taking into consideration all the records presented before the court, it was observed that:

'Although the record shows that the applicant has only been in prison since 24.02.2020 which was the date the sentencing order was passed ; and that he has been convicted of heinous offences under the

POCSO Act, in the unprecedented circumstances of a public health emergency that prevail today and the consequent need to decongest prisons for the overall medical safety of all prisoners, this court is persuaded to grant to the appellant interim suspension of sentence.'

Therefore, an interim suspension of sentence for 3 months have been granted to the convict on following conditions:

1. The appellant shall furnish a personal bond in the sum of Rs.50,000/- to the satisfaction of the Jail Superintendent. Considering the prevailing lockdown, the furnishing of surety as a condition of bail, is dispensed with at this stage
2. The appellant will not leave the State of Delhi without permission of the court and ordinarily reside in his place of residence as per prison records
3. The appellant will make a video-call every Friday between 11 am and 11:30 am to the Investigating Officer, and in case the Investigating Officer is no longer in service or is otherwise unavailable, then to the SHO of the Police Station where the case was registered and also 'drop-a-pin' on Google maps, so that the IO/SHO can verify the appellant's presence and location. Counsel for the appellant has confirmed that the appellant has the wherewithal to comply with this condition
4. The appellant shall furnish to the Jail Superintendent a cellphone number on which the appellant may be contacted and shall ensure that the number is kept active and switched-on at all times
5. If the appellant has a passport, he shall also surrender the same to the Jail Superintendent upon revocation/easing of the prevailing lockdown;
6. The appellant will not indulge in any act or omission that would prejudice the proceedings in the appeal in any manner
7. Upon expiry of the period of interim suspension of sentence, the appellant shall surrender before the concerned Jail Superintendent.

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