Budhan Gope vs The State Of Jharkhand
2021 Latest Caselaw 2741 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr. Appeal (DB) No. 27 of 2021
                  Budhan Gope                                                        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. Shruti Shrestha, Advocate
                  For the State            : Mr. Ravi Prakash, A.P.P.
                                                  ---

04/05.08.2021 Learned counsel for the appellant Ms. Shruti Shrestha undertakes to remove the defect no. 5(e) by filing original Vakalatnama executed by the appellant within a period of 3 weeks. She submits that though limitation petition has been filed bearing I.A. No. 1071 of 2021, but there is no delay because the delay, if any, occurred during COVID Pandemic and is extended by virtue of the order passed by Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020, dated 8th March, 2021. Accordingly, the instant I.A. is disposed of.

Sole appellant stands convicted for the offence punishable under Section 376(2)(n) and 506 of I.P.C and Section 6 of Protection of Children from Sexual Offences Act by the impugned judgment dated 28.02.2020 in connection with Spl.(POCSO) Case No. 38 of 2019 passed by learned Additional Sessions Judge- I-cum-Special Judge under POCSO Act, West Singhbhum at Chaibasa and has been sentenced to undergo Rigorous Imprisonment for 12 years with a fine of Rs. 25,000/- and a default sentence under Section 376(2)(n) of I.P.C and further sentenced to undergo Rigorous Imprisonment for 2 years under Section 506 of I.P.C. However, no separate sentence has been imposed under Section 6 of POCSO Act in view of Section 42 thereof, by the impugned order of sentence dated 29.02.2020. All the sentences have been ordered to run concurrently.

Admit.

Call for the Lower Court Records from the Court of learned Additional Sessions Judge-I-cum-Special Judge under POCSO Act, West Singhbhum at Chaibasa in connection with Spl.(POCSO) Case No. 38 of 2019.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/