Supreme Court Overturns Bail in POCSO Case: Landmark Ruling on Suspension of Sentence

The Supreme Court of India delivered a significant judgment in Lilaben vs State of Gujarat & Anr., setting aside the High Court’s order suspending the sentence of a convict in a POCSO case. Justices Sanjay Karol and Prashant Kumar Mishra ruled that the High Court erred in suspending the 20-year sentence awarded to the accused for sexual assault of a minor under Sections 363, 366, 376(3) IPC and Section 6 of POCSO Act.

The case involved disturbing facts where the accused was convicted for sexually assaulting a minor girl in Anklav, Gujarat. The Trial Court had sentenced him to 20 years rigorous imprisonment, but the High Court suspended the sentence citing doubts about the victim’s age. The Supreme Court strongly disagreed, stating: “Casting doubt upon a finding returned by the Court below, when the same isn’t within immediate purview, cannot be justified.” The bench emphasized that until the High Court examines and overturns the Trial Court’s findings in the pending appeal, the conviction must stand.

Quoting precedents like Kashmira Singh v. State of Punjab, the Court acknowledged that while prolonged incarceration pending appeal could be unjust, this principle couldn’t be applied mechanically in serious offenses. Justice Karol observed: “The judicious use of this power being the path to be adopted by the Courts…does not justify the conclusion arrived at by the High Court.” The Court directed the convict to surrender immediately, while permitting him to seek regular bail if his appeal isn’t heard within 18 months.

Read also: https://judgmentlibrary.com/supreme-court-orders-immediate-release-of-over-incarcerated-pocso-convict/

Petitioner Name: LILABEN.
Respondent Name: STATE OF GUJARAT & ANR..
Judgment By: Justice Sanjay Karol, Justice Prashant Kumar Mishra.
Place Of Incident: Anklav, Gujarat.
Judgment Date: 21-04-2025.
Result: allowed.

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