Jharkhand High Court
Dinesh Rana vs The State Of Jharkhand on 11 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1184 of 2019
Dinesh Rana --- --- 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. Anil Kr. Sinha, Advocate
For the Respondent: Mr. Praveen Kr. Appu, A.P.P
---
05/ 11.08.2021 Heard learned counsel for the appellant Mr. Anil Kumar Sinha and
learned A.P.P Mr. Praveen Kumar Appu on the prayer for suspension of
sentence of this appellant made through I.A. No. 3315/2021.
2. The sole appellant stands convicted for the offence punishable under
section 366-A of the Indian Penal Code and section 4 of POCSO Act by the
impugned judgment dated 19.11.2019 passed in POCSO Case No. 05/2018 by
the Court of learned Special Judge, POCSO Act, Giridih and has been
sentenced to undergo R.I for ten years with a fine of Rs. 5,000/- and default
sentence under section 366-A of the Indian Penal Code and further sentenced to
undergo R.I. for ten years with a fine of Rs. 5,000/- and default sentence under
section 4 of POCSO Act, 2012, by the impugned order of sentence dated
30.11.2019.
3. Learned counsel for the appellant submits that as per the written report
submitted by the Informant / father of the victim (PW-3) on 10.01.2018, on the
basis of which FIR was registered on the same date, his daughter / victim was
enticed by the accused / appellant and taken away somewhere. It is submitted
that the victim has, in her deposition as PW-4, stated that she had gone to
Mumbai on her own by catching a train to Patna from Sariya and then to
Mumbai. Though she has stated that the accused tried to outrage her modesty
and once committed rape, where-after she fled away and on reaching Mumbai
Railway Station, she was brought to Ranchi by the Police and thereafter handed
over to her parents, but in her statement under section 164 of the Cr. P.C
(Ext.2), she has not stated that the appellant has committed any forcible sexual
intercourse with her. In her statement under section 164 of the Cr. P.C, she
stated that she had gone alone to Mumbai to learn dance. The doctor (PW-9)
has examined her and found no injury on her body; hymen was found intact and
no semen was found on the vaginal smear. PW-8, another doctor, upon
radiological examination, has found her age between 15 to 17 years. The
Informant / father of the victim (PW-3) has also stated in his cross-examination
that the victim is in love with the appellant and willing to marry him. It is
submitted that the appellant is in custody since 27.03.2018 i.e. about three years
and five months by now. Therefore, he may be enlarged on bail by suspending
his sentence as neither any offence of penetrative sexual assault is made out, nor
from the evidence of the prosecutrix and other prosecution witnesses, it can be
said that the appellant enticed her and abducted her.
4. Learned A.P.P has opposed the prayer. He submits that the victim is a
minor girl of about 15-17 years, as per the radiological examination and even as
per the Aadhar Card (Ext.3) which show her date of birth as 01.01.2004.
Appellant has enticed her to come to Mumbai and as per her deposition during
trial, appellant also outraged her modesty and committed rape. Therefore, he
may not be enlarged on bail.
5. We have considered the submissions of learned counsel for the parties
and taken note of the materials relied upon by them from the lower court
records. It appears from the statement of the victim under section 164 of the Cr.
P.C and also her deposition as PW-4 that she had gone to Mumbai on her own
and thereafter fled away. She was caught by the Mumbai Railway Police and
brought to Ranchi where she was kept in a Remand Home and then handed over
to her family. As per her statement, she has called the accused from different
mobile numbers from her maternal grandmother's place. Doctor has not found
any sign of rape upon her. As such, we are inclined to enlarge the appellant on
bail by suspending his sentence during pendency of this appeal moreover since
he has remained in custody for about three years and five months by now.
Accordingly, Appellant Dinesh Rana shall be released on bail, during pendency
of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each, to the satisfaction of learned Special
Judge, POCSO Act, Giridih in POCSO Case No. 05/2018 with the condition
that the appellant and his bailors shall not change their address or mobile nos.
without permission of the learned Trial Court. I.A. No. 3315/2021 is allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
