Jharkhand High Court
Dilip Lohra vs The State Of Jharkhand on 1 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1027 of 2018
Dilip Lohra --- --- 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. Nilesh Kumar, Advocate
For the Respondent: Mrs. Nily Sahay, A.P.P
---
05 / 01.07.2021 Heard learned counsel for the appellant Mr. Nilesh Kumar and learned
A.P.P for the State Mrs. Lily Sahay on the renewed prayer for suspension of
sentence made on behalf of the appellant through I.A. No. 7597/2019.
2. The sole appellant stands convicted for the offences punishable under
sections 363, 366-A and 376 of the Indian Penal Code and section 4 of POCSO
Act by the impugned judgment dated 10.08.2018 passed in Sessions Trial No.
190/2015 by the Court of learned Additional Sessions Judge-I, Lohardaga and
sentenced to undergo rigorous imprisonment for five years with a fine of Rs.
10,000/- under section 363 of the Indian Penal Code; further sentenced to
undergo rigorous imprisonment for seven years with a fine of Rs. 10,000/-
under section 366-A of the Indian Penal Code and also sentenced to undergo
rigorous imprisonment for ten years with a fine of Rs. 10,000/- under section
376 of the Indian Penal Code with default sentences. Appellant has also been
sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.
10,000/- with default sentence under section 4 of POCSO Act, by order of
sentence dated 14.08.2018.
3. Learned counsel for the appellant submits that earlier, prayer for bail of
the appellant during pendency of this appeal was rejected by a Coordinate
Bench of this Court vide order dated 23.01.2019 after receipt of the lower court
records. However, he submits that the appellant has remained in custody for
about three months less than six years by now since the date of his arrest i.e.
26.10.2015. It is submitted that as per the case of the prosecution, victim was a
student of Intermediate at the time of occurrence on 22.09.2015. The Medical
Board has assessed her age to be 17 to 18 years, as per Ext.7 adduced by the
doctor (PW-12), member of the Medical Board. It is submitted that no
pregnancy was found in Ultrasonography test. As per the victim (PW-7), she
travelled by bus to Ranchi from Lohardaga and then by train to
.2
Secunderabad where she was forcibly married and thereafter forcible sexual
intercourse was committed upon her. It is submitted that as per the prosecutrix
herself, she did not raise shout or cry during her travel to Ranchi by bus and
then to Secunderabad by train due to fear, which is unbelievable. As such,
appellant who has remained in custody for more than half of the sentence
awarded by now, may be enlarged on bail by suspending his sentence.
4. Learned AP.P has opposed the prayer. She submits that the victim was a
minor and a student of the first year Intermediate who has been abducted and
subjected to forcible sexual intercourse. Therefore, appellant may not be
enlarged on bail
5. We have considered the submissions of learned counsel for the parties
and taken into account the materials relied upon by them from the lower court
records as also the period of custody undergone till date. Having regard to the
aforesaid facts and circumstances and that the appellant has remained in
custody for about five years eight months and few days by now, we are inclined
to enlarge him on bail by suspending his sentence during pendency of this
appeal. Accordingly, appellant Dilip Lohra 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 Additional Sessions Judge-I, Lohardaga in Sessions Trial No. 190/2015
with the condition that he and his bailors shall not change their address or
mobile nos. without permission of the learned Trial Court. I.A. No. 7597/2019
stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
