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TMI Blog1995 (8) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Court under the Code of Criminal Procedure 1973 has power to suspend the sentence or grant bail to enable the accused to prefer revision application before High Court after the appeal against the conviction and sentence has been decided. In large number of cases, it has been found that the Sessions Judge, Additional Sessions Judge, the Joint Sessions Judge, or the lower appellate Court as the case may be, suspends the sentence for some time even after disposal of appeal against the conviction and sentence to enable the accused to prefer revision application before High Court and obtain appropriate orders. The Code of Criminal Procedure does not confer any inherent jurisdiction on the lower appellate Court to directly or indirectly suspe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand, submits that the lower appellate Court does not have any power to suspend the sentence after the decision in the appeal, and exercise of such power by the lower appellate Court is without any jurisdiction and does not flow from any of the provisions of the Code of Criminal Procedure. 4. Section 386 of the Code of Criminal Procedure deals with the powers of the appellate Court and sub-section (e) thereof, referred to by the learned counsel for the applicant, reads as under : 386. Power of the Appellate Court :- After perusing such record and hearing the appellant or his pleader, if he appears and the Public Prosecutor if he appears, and in case of an appeal under Sec. 377 or Sec. 378, the accused, if he appears, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) and (2) *** *** (3) where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall - (i) Where such person, being on bail, is sentenced to imprisonment, for a term not exceeding three years, or (ii) Where the offence of which such person has been convicted is a bailable one, and he is on bail, Order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under Sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow any provision in the Code of Criminal Procedure, which empowers the lower appellate Court to suspend the sentence after disposal of appeal arising out of conviction and sentence to enable the accused-convict to prefer revision application before the High Court and obtain appropriate orders. In this view of the matter, the lower appellate Court is not empowered to suspend the sentence or grant bail in any form after the decision in the appeal by such Court to enable the accused to approach High Court in Revision Application. Thus while maintaining the conviction of the accused/applicant under Section 354 of the Indian Penal Code and affirming the sentence passed by the trial Court it was not proper on the part of the Additional Sessions J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Court has rightly relied upon the deposition of P.W. 2 Anita and the minor contradictions here and there are not material and in any case not sufficient to discard the testimony of P.W. 2 Anita. The contradictions shown by the learned counsel in the testimony of P.W. 2 Anita, P.W. 1 Chokha and P.W. 4 Sita are only on collateral facts and do not shake the trustworthiness of the said witnesses and the trial Court rightly found that the prosecution has been able to prove the guilt of the accused beyond reasonable doubt under Section 354 of the Indian Penal Code. Since the appellate Court was satisfied with the reasoning given by the trial Court, he did not deal with the evidence elaborately, but the observation made by the appellate Court t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one by the accused/applicant was indecent and against the public morality, yet looking to the age of the accused/applicant and the fact that he is not previously a convict or habitual offender, in my view, taking into consideration the entire facts and circumstances, the accused/applicant deserves to be extended the benefit of probation under Section 360 of the Code of Criminal Procedure. 12. Consequently, this criminal revision is partly allowed. The conviction of the accused/applicant for the offence under Section 354 of the Indian Penal Code is maintained. However, instead of directing the accused/applicant to suffer imprisonment immediately, it is ordered that he be released on probation on his furnishing a P.R. bond in the sum of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X
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