Akhtar Ali v. State of Uttarakhand
In the High Court of Uttarakhand
B.A. 885/2016
Before Chief Justice K.M. Joseph and Justice V.K. Bist
Decided on July 22, 2016

Relevancy of the case: Bail application for an offence under Section 66C involving Section 376A of the Indian Penal Code, 1860 and POCSO

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C)
• The Code of Criminal Procedure, 1973 (Section 389)
• The Indian Penal Code, 1860 (Section 120B, 201, 302, 363, 376A)
• The Protection of Children from Sexual Offences (POCSO) Act, 2012 (Section 4, 5, 6, 7, 16, 17)

Relevant Facts of the Case

• The applicant was convicted of charges under Sections 363, 376A and 201 of the Indian Penal Code, 1860 along with Section 66C of the Information Technology Act, 2000 and certain sections of POCSO Act, 2012.
• The applicant had served more than half of the prescribed sentence of 3 years for an offence under Section 66C of the Information Technology Act, 2000.
• He has filed the present application seeking suspension of the sentence and bail during the pendency of Criminal Appeal 104/2016.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that nothing was found against the applicant throughout the entire judgment of the Trial Court except the confessional statement and calls. She also submitted that the applicant has a solid case for acquittal.
• When asked, the respondent’s counsel submitted that no appeal has been filed by the State against the trial court order wherein the petitioner has been acquitted under certain provisions.

Opinion of the Bench

• It was observed that the applicant deserves the grant of bail and should have his sentence suspended during the pendency of the appeal.

Final Decision

• The bail application was allowed.

This case summary has been prepared by Loreal Sahay, an undergraduate student at University School of Law and Legal Studies, GGSIPU, during her internship with The Cyber Blog India in January/February 2021.