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Judgment
Dinesh Kumar Paliwal, J
Call for the trial Court record.
Learned counsel for the State is directed to serve notice upon the victim. As victim is not served, it would not be just and proper to decide the application under Section 389(1) of the Cr.P.C. filed by the appellant.
Appellant has been convicted under Section 341 of IPC and has been sentenced to undergo S.I. for one month and fine of Rs.200/-; under Sections 354(a)(i), 354 of IPC and has been sentenced to undergo R.I. for 03-03 years and fine of Rs.200/- - Rs.200/- with default stipulation and under Section 7/8 of POCSO Act and has been sentenced to undergo R.I. for 3 years and fine of Rs.200/- with default stipulation.
The jail sentence of the appellant has been suspended by the trial Court till 29.6.2023. As an application under Section 389(1) of Cr.P.C. cannot be decided without giving opportunity of hearing to victim, the period of suspension of jail sentence granted by the trial court is extended till 28.7.2023 on same terms and conditions.
List on 28.7.2023.
C.C. as per rules.