Mathura Deogam vs The State Of Jharkhand
2021 Latest Caselaw 4990 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (DB) No. 143 of 2021
     Mathura Deogam                                    --- --- Appellant
                                    Versus
     The State of Jharkhand                                    --- --- Respondent
                                    .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Appellant : Mr. Arun Kumar, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.

05/22.12.2021 Heard learned counsel for the appellant Mr. Arun Kumar and learned A.P.P. Mr. Bhola Nath Ojha on the prayer for condonation of delay of 370 day in preferring the memo of appeal made through I.A. No. 6016 of 2021.

Learned counsel for the appellant submits that there was no one in his family at his native village to look into the case. Thereafter, when his brother returned from outstation, steps were taken for preferring this appeal, which has occasioned some delay, which is not deliberate. Delay may be condoned, otherwise appellant would suffer irreparably since he has been suffering conviction for life under section 302 of the I.P.C. and other allied sections.

Learned A.P.P. does not oppose the prayer.

Having considered the submissions of learned counsel for the parties and the explanation urged, delay is condoned. I.A. No. 6016 of 2021 stands disposed of.

Sole appellant stands convicted for the offence punishable under Sections 363, 376(2)(i), 302, 201 of the I.P.C. and section 6 of the POCSO Act by the impugned judgment dated 28.02.2019 passed in G.R.(POCSO) Case No. 48 of 2015 by the court of learned Additional Special Judge (POCSO) cum Additional Sessions Judge-III, Singhbhum West at Chaibasa and has been sentenced to undergo life imprisonment with a fine of Rs.10,000/- and default sentence u/s 302 I.P.C.; R.I. for 5 years with a fine of Rs. 5000/- and a default sentence u/s 201 I.P.C.; R.I. for 4 years with a fine of Rs. 4000/- and a default sentence u/s 363 I.P.C. and also sentenced to undergo rigorous imprisonment for life, which shall means imprisonment for the remainder of the natural life with a fine of Rs. 10,000/- and a default sentence u/s 376(2)(i) I.P.C. by the impugned order of sentence dated 11.03.2019. No separate sentence has been awarded under Section 6 of the POCSO Act in view of Section 42 thereof. All the sentences were ordered to run concurrently.

Admit.

Call for the Lower Court Record in connection with G.R. (POCSO) Case No. 48 of 2015 from the court of learned Additional Special Judge (POCSO) cum Additional Sessions Judge-III, Singhbhum West at Chaibasa.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.)

A.Mohanty