CRA/265/2018 of SANTOSH THAKUR Vs STATE OF WEST BENGAL on 20 August 2026

1. This Court has considered the report of the Superintendent, Burdwan Central Correctional Home dated 13th August, 2026 received by the learned Advocate for the applicant, namely, Santosh Thakur. The same is taken on record.

2. In a sessions trial, the appellant was convicted under Section 363 of the Indian Penal Code and Section 4 of the POCSO Act, 2012 by the learned Additional Sessions Judge, Fast Track Court, Sealdah, South 24 Parganas and sentenced to suffer rigorous imprisonment for ten years for the offences punishable under Section 4 of the POCSO Act, 2012 and to pay fine of Rs.50,000/- out of which 90% be paid to the victim and in default thereof, suffer rigorous imprisonment for six months and sentenced to suffer rigorous imprisonment for five years for the offence punishable under Section 363 of the Indian Penal Code and to pay fine of Rs.10,000/- out of which 90% be paid to the victim.

3. Against such order of conviction and sentence, an appeal has been preferred by the appellant which has already been admitted. Now, with the liberty granted by a Co-ordinate Bench of this Court admitting the appeal, the applicant has approached this Court for suspension of sentence.

4. It appears from the report of the Burdwan Central Correctional Home dated 13th August, 2026 that the sentenced imposed on the applicant, Santosh Thakur, of rigorous imprisonment for five years under Section 363 of the Indian Penal Code and fine of Rs.10,000/- and rigorous imprisonment for ten years for the offence punishable under Section 4 of the POCSO Act and fine of Rs.50,000/-. His normal date of release, if fine was paid would have been 7th May, 2026. In default of payment of fine, his release date will be 7th February, 2027.

5. Learned Counsel for the appellant submits that his client is ready and willing to pay the aforesaid fine imposed by the lower appellate court.

6. It is therefore ordered that upon receipt of such fine, 90% of the said amount shall be paid to the victim by the State Authorities and the balance to be appropriated.

7. In the event the fine is paid, the appellant shall be released from incarceration immediately thereafter.

8. In default, he shall undergo imprisonment for the balance period until 7th February, 2027.

9. The application being CRAN 1 of 2026 shall stand disposed of. Re: C.R.A. 265 of 2018

10. Learned Counsel for the appellant submits that nothing further remains to be adjudicated in the instant appeal and his client does not wish to press the same.

11. In that view of the matter, C.R.A. 265 of 2018 shall stand disposed of.

12. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of necessary formalities.

(Rajasekhar Mantha, J.)

(Anuj Singh, J.)