Durga Mahto vs The State Of Jharkhand
2021 Latest Caselaw 2800 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (DB) No. 82 of 2021
        Durga 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 : Mr. Bijay Kr. Sinha, Advocate For the Respondent : Mr. Suraj Verma, A.P.P.

04/09.08.2021 Learned counsel for the appellant prays for ignoring the only surviving defect no.9 (ii), which relates to the affidavit. He submits that the affidavit was sworn on 19.4.2021 but because of the second wave of Covid and the call of the Jharkhand State Bar Council, the appeal could be filed after 4 weeks on 21.05.2021. Therefore, the defect may be ignored. Accordingly, it is ignored.

The sole appellant stands convicted for the offence punishable under section 376 D of the I.P.C by the impugned judgment of conviction dated 06.03.2021 passed in Sessions Trial No. 56 of 2017 by the Court of learned Additional Sessions Judge 1st, Lohardaga and has been sentenced to undergo R.I. for 22 years with a fine of Rs. 25,000/- and a default sentence by the impugned order of sentence dated 09.03.2021.

Admit.

Call for the lower court record in connection with Sessions Trial No. 56 of 2017 from the court of learned Additional Sessions Judge 1st, Lohardaga Prayer for suspension of sentence made through I.A. No. 2388 of 2021 shall be considered after receipt of the L.C.R. Learned A.P.P. would inquire about the status of investigation kept pending against other accused Manoj Mahto and unknown person, whether any charge-sheet has been filed, if so, what is the status of the trial. Let such affidavit be filed within 4 weeks.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty