Shibu Bhuiyan And Others vs The State Of Jharkhand
2021 Latest Caselaw 2994 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 93 of 2021

           Shibu Bhuiyan and Others                                    ....Appellants
                                            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 Appellants             : Ms. Ruchi Rampuria, Advocate
           For the State                  : Mr. Shailendra Kumar Tiwari, A.P.P.
                                          ---

03/18.08.2021 These 16 appellants stand convicted for the offences punishable under Sections 147, 323, 341, 436, 448, 452, 302 & 201 all read with Section 149 of the Indian Penal Code. Accused no. 1 Dhanu Bhuiyan has been convicted for the charges under Sections 363, 366A and 376A of the Indian Penal Code and under Section 5(g) read with Section 6 of the POCSO Act for the first set of occurrence dated 03.05.2018 and also held guilty for the connected second set of charges and offences under Section 302 of Indian Penal Code and under Sections 147, 323, 341, 436, 448, 452, 302 & 201 all read with Section 149 of the Indian Penal Code which also cover the charges under Section 376A of the Indian Penal Code, therefore, no separate conviction has been recorded. The two other accused Tileshwari Devi and Ranjay Rajak have been acquitted of all the charges by the impugned judgment dated 04.02.2021 passed in POCSO Case No. 33 of 2018 by the Court of Additional Sessions Judge-I, cum Special Judge POCSO Cases, Chatra and all these appellants have been sentenced to undergo imprisonment for life with a fine of Rs. 50,000/- each as a consolidated sentence for the offences under Sections 147, 323, 341, 436, 448, 452, 302 & 201 of the Indian Penal Code all read with Section 149 of the Indian Penal Code along with default sentences each. The convict no. 1 Dhanu Bhuiyan has been sentenced in a different manner by the common impugned order of sentence dated 27.02.2021 Admit.

Call for the Lower Court Records in connection with POCSO Case No. 33 of 2018 from the court of learned Additional Sessions Judge-I Cum Special Judge POCSO cases, Chatra.

Learned counsel for the appellants submits that co-convict Dhanu Bhuiyan has preferred Cr. Appeal (D.B.) No. 91 of 2021.

Office to verify whether Lower Court Records have been received in connection with the said case.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Pankaj/Saurav