The Allahabad High Court has issued a show cause notice to two men convicted under the POCSO Act, asking why criminal contempt proceedings should not be initiated against them. This notice was issued due to their alleged use of abusive language against the court, police officials, and several advocates in public view after the sentencing in the trial court.
Justice Manoj Bajaj’s bench noted that the convicts’ behavior seemed to be aimed at undermining the court’s authority, constituting prima facie criminal contempt.
The court issued this order while hearing an appeal and an application to suspend the sentence of two convicts, Satish Sharma and Harish Sharma. They were convicted under Sections 354, 504 IPC, and 7/8 of the POCSO Act, 2012, through an order and judgment passed by the Special Judge (POCSO Act), Mathura, in February 2021.
The Special Judge had imposed a sentence of five years of rigorous imprisonment under Sections 354 IPC, along with five years of rigorous imprisonment under Section 8 of the POCSO Act, along with a fine of Rs. 10,000. Additionally, a sentence of two years of rigorous imprisonment under Section 504 IPC was imposed, along with a fine of Rs. 4,000.
It was alleged that after receiving their sentences, they used abusive language against the court.
The counsel for the convicts argued that out of the four-year sentence, the applicants-appellants have already served two months. Therefore, it was requested that their sentence be suspended during the appeal process.
Conversely, the counsel for the complainant, Advocate Vinay Kumar Tripathi, argued that the conviction judgment was based on a proper evaluation of the prosecution evidence on record. Additionally, he pointed out that the applicants are involved in several other cases, suggesting that they do not deserve any concession.
The counsel for the appellants also mentioned the appellants’ behavior in front of the presiding judge, which they described as contemptuous, and argued that it disrupted the decorum of the court following the pronouncement of the sentence.
After hearing the counsel for both parties and considering their arguments, the High Court expressed the opinion that since the appellants have already served more than four years in custody out of a five-year sentence, further detention may not be justified.
The court also observed that if the applicants’ sentence is not suspended, the sole right of appeal provided to them by the CrPC may be rendered ineffective.
Therefore, their remaining sentence was suspended, subject to them furnishing the necessary bail bonds and surety bonds to the satisfaction of the CJM Mathura.
However, before concluding the order, the court mentioned a subsequent order dated 12.02.2021 passed by the Presiding Officer, highlighting the conduct of the convicts, and issued a show cause notice to them.
