Bhim Mahato @ Abhilash Mahto vs The State Of Jharkhand
2021 Latest Caselaw 1705 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Criminal Appeal (DB) No. 437 of 2020
       Bhim Mahato @ Abhilash Mahto                         --- --- Appellant
                                Versus
       The State of Jharkhand                               --- --- Respondent


                                     .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Through Video Conferencing For the Appellant : Ms. Rashmi Kumari, Advocate For the Respondent : Mr. Sanjay Kr. Srivastava, A.P.P.

05/07.04.2021 The sole appellant stands convicted for the charge under Section 366A, 376(2) of the Indian Penal Code and under Section 6 and 12 of the POCSO Act by the impugned judgment dated 27.05.2020 passed by learned Additional Sessions Judge 1st cum Special Judge cum FTC, Bokaro in Children Court Case No. 17 of 2019 and sentenced to undergo R.I. for 14 years with a fine of Rs.20,000/- along with default sentence under Section 376(2) IPC; R.I. for 7 years with a fine of Rs.10,000/- along with default sentence under Section 366(A) IPC and R.I. for 2 years with a fine of Rs.5000/- along with default sentence under Section 12 of the POCSO Act by the order of sentence dated 29.05.2020. No sentence has been awarded under Section 6 of the POCSO Act in view of Section 42 of the POCSO Act and greater punishment having prescribed under Section 376(2) IPC.

Admit.

Call for the Lower Court Records in connection with Children Court Case No. 17 of 2019 from the court of learned Additional Sessions Judge- 1st cum Special Judge cum FTC, Bokaro.

Prayer for suspension of sentence made through I.A. No. 5651 of 2020 shall be considered after receipt of the L.C.R.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary)

A.Mohanty