Ashma Khatoon @ Gudiya vs The State Of Jharkhand
2021 Latest Caselaw 2278 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (D.B.) No. 389 of 2020
                                       .....

       Ashma Khatoon @ Gudiya                                    --- --- Appellant
                                       Versus
       The State of Jharkhand.                                   -- --- Respondent
                                           ---

CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mrs. Justice Anubha Rawat Choudhary Through Video Conferencing

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For the Appellant : Mr. Awnish Shankar, Adv.

             For the State             : Mr. Shekhar Sinha, P.P.
                                           ---

03/08.07.2021       Heard learned counsel for the appellant Mr. Awnish Shankar

nominated by High Court Legal Services Committee on the request of the appellant and learned P.P. Mr. Shekhar Sinha on the prayer for condonation of delay of 629 days in preferring the instant memo of appeal through I.A. No.3948 of 2020.

Learned counsel for the appellant submits that the appellant could not file the appeal earlier because of poverty. Thereafter on being approached, the appeal has been filed through him on being nominated by the High Court Legal Services Committee. The appellant will suffer irreparably, if the delay is not condoned.

Having considered the submissions of learned counsel for the parties and the reasons explained, the delay is condoned. I.A. No.3948 of 2020 stands allowed.

This appellant stands convicted for the offence punishable under Sections 370, 366A and 120B of the I.P.C. while the other co-accused Veera Singh @ Binder Singh has been convicted under Sections 370, 120B and 496 of the I.P.C. Accused Ali Hussain Ansari and Rugan Mahto have been acquitted of all the charges vide impugned judgment of conviction dated 24 th July 2018 passed in S.T. Case No. 71 of 2017 by the learned court of Additional Sessions Judge-I, Ramgarh. The appellant has been sentenced to undergo R.I. for ten years with a fine of Rs.5,000/- and a default sentence under Section 370 of the I.P.C.; further sentenced to undergo R.I. for five years with a fine of Rs. 3,000/- under Section 366A of the I.P.C. and default sentence while no separate sentence has been awarded under Section 120B of the I.P.C. vide impugned order of sentence dated 27th July 2018.

Admit.

Call for the lower court records from the court of Learned Additional Sessions Judge-I, Ramgarh in connection with S.T. Case No. 71 of 2017.

Learned counsel for the appellant submits that lower court records have already been summoned in connection with Cr. Appeal (DB) No.1069/2018. Office to verify. If the lower court records have been received, matter be placed on I.A. No.3947/2020 seeking suspension of sentence.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Shamim/