Jharkhand High Court
Kundan Turi @ Karu Mirdha @ Kundan ... vs State Of Jharkhand on 5 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 641 of 2018
Kundan Turi @ Karu Mirdha @ Kundan Kumar --- --- Appellant
Versus
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. Arpit Kumar, Advocate
For the Respondent : Mr. Bhola Nath Ojha, A.P.P.
07/05.07.2021 Heard Mr. Arpit Kumar, learned counsel for the appellant and Mr.
Bhola Nath Ojha, learned A.P.P. for the State on the prayer for
suspension of sentence of the appellant made through I.A. No. 2524 of
2021.
The sole appellant stands convicted for the offence punishable
under Sections 376(2) (i) & (n) , 366A of the I.P.C. and under Section 10
r/w Section 9(1) of the POCSO Act by the impugned judgment dated
08.02.2018 passed in Sessions Trial No. 02 of 2015 by the learned
District & Additional Sessions Judge-I cum Special Judge, Koderma and
has been sentenced to undergo R.I. for 10 years and a fine of Rs.
10,000/- with a default sentence for the offence punishable under Section
376(2)(i) (n) of the I.P.C and further R.I. for 5 years with a fine of
Rs.5000/- and a default sentence for the offence punishable under
Section 366-A of the I.P.C by the impugned order of sentence dated
16.02.2018. No separate sentence has been awarded under the offences
of POCSO act since as per Section 42 of the POCSO Act, the
punishment is greater in degree under Section 376 of the I.P.C.
Learned counsel for the appellant submits that as per the case of
the informant, father (P.W.6) his daughter aged 14 years was kidnapped
by the appellant on 14.07.2014 and was taken to Patna and then to
Sikandrabad by train and confined her in a room for several days where
she was repeatedly raped. Learned counsel for the Appellant submits that
the victim in her deposition has stated that she was kidnapped by the
appellant along with two others in a small car from Koderma and then
taken to Nawada and from there to Patna by bus and thereafter by train
to Sikandrabad where she was kept in a room and was repeatedly
subjected to forcible sexual intercourse. The victim managed to call her
father on mobile and then Rs. 1000/- was deposited in her account where
after she persuaded the appellant to bring her back to Koderma where
after they returned to the Koderma Railway Station. The victim has
stated that she did not raise any cry while travelling on bus from Nawada
to Patna and then to Sikandrabad due to fear. The victim was examined
by the Medical Board, which opined that she was 20 years of age as per
the radiological examination conducted on 11.08.2014. P.W.8 Doctor
Ramlakhan Rajak has adduced the opinion of the Medical Board as Ext.
4. Doctor Bharti Sinha, P.W.9, who examined her, found no abrasion and
injury in and around the private parts. She did not find any sign of rape
(Ext.5). P.W.1 Sarita Devi has turned hostile. She submitted that the
victim being major may have accompanied the appellant with her
consent as she never resisted during the entire journey from Koderma to
Patna and then to Sikardrabad where she stayed for 20 days. No sign of
rape has either been found. In the aforesaid circumstances, appellant
who is in custody since 11.08.2014 may be enlarged on bail by granting
him the privilege of suspension of sentence.
Learned A.P.P. has opposed the prayer. He submits that as per the
case of the informant, the victim was 14 years of age when she was
kidnapped by the appellant on 14.07.2014 and two other and then kept
her for 20 days at Sikandrabad and subjected her to repeated rape.
Therefore, the offence being serious in nature, appellant may not be
enlarged on bail.
We have considered the submissions of learned counsel for the
parties and taken into note the relevant material evidence borne from the
lower court records. It appears from the materials on record and the facts
and circumstances noted above that the victim has been assessed to be
20 years of age on 14.08.2014 within 1 month of date of occurrence. It
further appears that the victim during entire course of travel from
Koderma to Patna and then to Sikandrabad, did not raise any cry and
never resisted, even though she was taken on a bus and then by a train.
The Doctor has not found any injury in and around the private parts and
no sign of rape was found. Appellant has remained in custody for about
1 month less than 7 years. In the aforesaid circumstances, we are
inclined to grant the privilege of suspension of sentence to the appellant.
Accordingly, the appellant above named, during the pendency of this
appeal, shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each, to the
satisfaction of learned District & Additional Sessions Judge-I cum
Special Judge, Koderma in connection with Sessions Trial No. 02 of
2015 with the condition that he and his bailors shall not change their
address or mobile number without permission of the learned Trial Court.
I.A. No. 2524 of 2021 stands allowed.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary,J.)
A.Mohanty
