Punjab and Haryana High Court Suspends Sentence of Teacher Convicted Under POCSO Act

Dinesh Kumar granted bail during pendency of appeal citing lack of corroborative evidence and prosecutrix's questionable conduct.

In a significant development, the Punjab and Haryana High Court, under Justice Namit Kumar, has suspended the sentence of Dinesh Kumar, a Sanskrit teacher at Government Model Senior Secondary School, Sector 37-D, Chandigarh. Kumar was convicted by the Fast Track Special Court for Rape & POCSO Cases, Chandigarh, under charges of sexual harassment and related offenses against a minor under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The suspension of his sentence comes amidst doubts raised over the reliability of the prosecutrix's testimony and the absence of corroborative evidence.

The appeal, registered under CRM-48642 of 2024, challenges the judgment dated 07.11.2024, which sentenced Kumar to rigorous imprisonment totaling eleven years across three charges, to be served concurrently. The High Court's decision to suspend the sentence was influenced by several factors, including the substantial portion of the sentence already served by Kumar, the lack of other pending cases against him, and the presence of arguable points in his appeal.

Represented by Senior Advocate Mr. S.S. Behl, Kumar contended that the allegations were fabricated, stemming from personal animosity after he reprimanded the prosecutrix for inappropriate behavior at school. The defense highlighted inconsistencies in the prosecutrix's actions, particularly her behavior the day following the alleged incident, which included attending a Parents Teacher Meeting and engaging in social media activities without any apparent distress.

The prosecution, led by Mr. Shubham Mangla, A.P.P., U.T., Chandigarh, opposed the suspension, emphasizing the seriousness of the charges. However, the court found merit in the defense's arguments, noting the absence of medical or scientific evidence and the normal demeanor of the prosecutrix post-incident, which undermined the prosecution's case.

This judgment underscores the court's commitment to balancing the interests of justice with the personal liberty of the appellant, pending a detailed examination of the appeal. Dinesh Kumar's release on bail, subject to furnishing bonds, marks a critical juncture in the ongoing legal proceedings.

Bottom Line:

The suspension of the sentence during the pendency of appeal is permissible when there are arguable points in the appeal, and the appellant has undergone a significant portion of the total sentence without any other case pending against him.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 430; Indian Penal Code, 1860 Section 354A; Protection of Children from Sexual Offences Act, 2012 Sections 10 and 12

Dinesh Kumar v. State of U.T. Chandigarh, (Punjab And Haryana) : Law Finder Doc Id # 2805286