Mithlesh Thakur @ Mithun Thakur @ ... vs The State Of Jharkhand
2021 Latest Caselaw 628 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No. 4632 of 2020
                         in
                   Cr. Appeal (S.J.) No. 355 of 2019
                         ...

Mithlesh Thakur @ Mithun Thakur @ Mitiesh Thakur .... Appellant

-V e r s u s-

The State of Jharkhand ..... Respondent ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Appellant : Mr. Diwakar Upadhyay, Advocate. For the State : Mr. Shiv Kumar Sharma, APP.

...

I.A. No. 4632 of 2020 ...

07/09.02.2021

1. This interlocutory application has been filed under Section

389 (1) of the Code of Criminal Procedure for suspension of the

sentence and grant of ad-interim bail to the appellant, during the

pendency of the appeal.

2. The appeal is directed against the judgment dated

21.01.2019, passed by the court of learned Additional Sessions

Judge-I-cum-Children Court, Chatra in Children Act Case No.7 of

2017, whereby the appellant has been found guilty and convicted

for the offence under Sections 4 and 8 of the Protection of Children

(From Sexual Offences) Act, 2012 (for short POCSO Act) and

under Section 376 of the Indian Penal Code. The appellant has

been sentenced to undergo imprisonment of 7 years and a fine of

Rs.20,000/- in default, thereof, to suffer simple imprisonment of 2

months.

3. Heard the learned counsel for the appellant and learned A.P.P.

On perusal of the evidence on record, it appears that the victim has

been examined as P.W. 1 and she has not supported the allegation,

as made in the F.I.R. P.W. 2 and P.W. 3, the father and mother have also not supported the case. P.W. 4, P.W. 5 and P.W. 6-independent

witnesses have also not supported the case. P.W.8, the Doctor, on

medical examination, found that the victim was carrying a foetus

of 32 to 34 weeks'. In the F.I.R. it is alleged that the rape was

committed on the victim on 02.02.2017 and the F.I.R. was lodged

on 25.05.2017. Thereafter, the victim was examined on

26.05.2017. The age of the foetus does not corroborate the date of

commission of rape. Neither any DNA profiling was done to

establish the culpability of the appellant.

4. Considering the materials on record, the appellant is directed

to be enlarged on bail, during the pendency of the appeal, on his

furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand), with

two sureties of the like amount each to the satisfaction of learned

Additional Sessions Judge-I-cum-Children Court, Chatra in

connection with Children Act Case No. 7 of 2017.

5. In the result, I.A. No. 4632 of 2020 stands allowed.

(AMITAV K. GUPTA, J.) APK