Jharkhand High Court
State Of Jharkhand vs Md. Seikh @ Monu Mandal & Others on 17 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 655 of 2020
State of Jharkhand --- --- Appellant
Versus
Md. Seikh @ Monu Mandal & others --- --- Respondents
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Through Video Conferencing
For the Appellant : Mr. Kaushik Sarkhel, G.A.-V
For the Respondent :
06/17.08.2021 This appeal has been preferred by the State for enhancement of
sentence of the three convicts / respondents i.e., Rinku Sah @ Rinku
Saw, who stands convicted for the offence punishable under Sections
363/34,302,376A,376AB & 201/34 of I.P.C. and Section 4/6 of the
POCSO Act; Kailash Kumar, who stands convicted for the offence
punishable under Sections 363/34 & 201/34 of the I.P.C and Md. Seikh
@ Monu Mandal, who stands convicted for the offence punishable under
Sections 370(2) and 419 of the I.P.C. by the impugned judgment dated
11.06.2020 passed in Special POCSO Case No. 57 of 2019 by the court
of learned Special Judge (POCSO), East Singhbhum, Jamshedpur and
have been sentenced in the following manner by the impugned order of
sentence dated 15.06.2020:
1. Md. Seikh @ Monu Mandal - R.I. for 10 years and a fine of
Rs.20,000/- and a default sentence under Section 370(2) I.P.C.; R.I.
for 3 years and a fine of Rs.5000/- and default sentence under Section
419 I.P.C.
2. Rinku Sah @ Rinku Saw - R.I. for 7 years and a fine of Rs.10,000/-
and a default sentence under Section 363/34 I.P.C.; Imprisonment for
life under Section 376A I.P.C; Imprisonment for life and a fine of
Rs.50,000/- and a default sentence under Section 376AB I.P.C ;
Imprisonment for life and a fine of Rs. 25,000/- and a default
sentence under Section 302 I.P.C. and R.I. for 3 years and a fine of
Rs.5000/- and a default sentence under Section 201/34 I.P.C.
3. Kailash Kumar- R.I. for 7 years and a fine of Rs.10,000/- and a
default sentence under Section 363/34 I.P.C and R.I. for 3 years and a
fine of Rs.5000/- and a default sentence under Section 201/34 of the
I.P.C.
All the sentences were directed to run concurrently.
Learned counsel for the appellant State Mr. Kaushik Sarkhel,
G.A.-V submits that despite cogent and reliable evidence establishing the
gravity of the offence committed by the accused persons in a brutal
manner in which the offence was perpetrated upon 3 years old child, the
learned Trial Court has not awarded sentences which are commensurate
to the gravity of the offence. Therefore appellant State has prayed for
enhancement of sentence of each of the convicts. It is submitted that all
the convicts are undergoing incarceration in Ghaghidih Central Jail, East
Singhbhum, Jamshedpur.
Issue notice upon the respondents. Notice be served upon
respondents through the Superintendent of Ghaghidih Central Jail,
Jamshedpur for which requisites etc. must be filed within two weeks.
Office to verify whether any criminal appeal has been preferred by the
three convicts / respondents herein against the same impugned judgment
and whether L.C.R has been called for in connection thereof.
List this case under the heading for admission after service of
notice.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
