Telangana High Court suspends man's sentence in Pocso case

Indian Express

19-07-2025

The Telangana High Court on Friday suspended the sentence of a 39-year-old man convicted under the Protection of Children from Sexual Offences (Pocso) Act and the Indian Penal Code (IPC), along with the fine amount imposed on him, pending disposal of the criminal appeal. The man had been found guilty of sexually harassing a minor and kidnapping her in 2022.
The petitioner, a widower and father of two minor children, is a mason who developed a relationship with a girl who allegedly misrepresented her age as 18 years. He contended that there was no element of abduction, deception or enticement and that the victim left her residence with him voluntarily, without any force, inducement, or coercion on the night of April 21, 2022.
The victim also deposed before the trial court that there was no sexual assault or physical intimacy between them. The petitioner claimed that he was falsely implicated in the case due to personal vendetta and family pressure exerted upon him by the girl's family.
On June 12 this year, a fast track special judge for trial and disposal of rape and Pocso Act cases found him guilty of offenses punishable under Section 366 (kidnapping, abducting or inducing woman to compel her marriage) of the IPC and Section 11(iv) read with Section 12 of the Pocso Act on charges related to sexual harassment.
The man was sentenced to rigorous imprisonment for two years with a fine of Rs 5,000 under the Pocso Act and to rigorous imprisonment for five years with a fine of Rs 10,000 for the IPC offence. The petitioner, currently lodged in Central Prison, Cherlapalli, has sought release, arguing that he is unable to pay the imposed fine due to his poor financial condition.
The petitioner is being represented pro bono by counsel Swetha Sethu Madhavan, Vamshi Krishna, and Nikunj Duggar. The counsel argued that the conviction was 'without there being any evidence' and that there are 'fair chances to succeed in the appeal', which is expected to take considerable time for a hearing. Consequently, it was requested that the execution of the sentence, including the fine amount, be suspended.
Additional Public Prosecutor Syed Yasar Mamoon represented the respondent State.
On Friday, the bench of Justice J Sreenivas Rao considered the submissions and ordered the suspension of both the imprisonment and fine amount imposed on the petitioner pending the disposal of the criminal appeal. The petitioner is to be enlarged on bail upon executing a personal bond for a sum of Rs 5,000 to the satisfaction of the Superintendent of Jail, Central Prison, Cherlapalli, the order said.
The court has also admitted the criminal appeal and issued a notice. The case is scheduled to be posted for final hearing after the Dussehra vacation in 2026.