Jharkhand High Court
Naveen Oraon vs The State Of Jharkhand on 4 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 460 of 2020
Naveen Oraon --- --- 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. Pran Pranay, Advocate
For the Respondent : Mrs. Nehala Sharmin, A.P.P.
07/04.10.2021 Heard learned counsel for the appellant and learned A.P.P. on the
prayer for condonation of delay of 69 days in preferring the instant
memo of appeal made through I.A. No. 2312 of 2021.
Learned counsel for the appellant submits that appellant is poor
and there is no one in the family to look into the matter. However, his
father somehow arranged some money and contacted his counsel, where
after the appeal has been preferred, which has occasioned some delay.
Leaned A.P.P. does not oppose the prayer.
Having considered the submission of learned counsel for the
parties and the explanation given in the instant application, delay is
condoned. I.A. No. 2312 of 2021 stands disposed of.
The appellant along with 10 others stands convicted for the
offences punishable under Sections 376-D IPC; 366 r/w 120-B IPC; 341
r/w Section 120-B IPC; 342 r/w Section 120-B IPC, 323 r/w Section
120-B IPC, 379 r/w Section 120-B IPC, 411 r/w 120-B IPC and Section
120-B of the I.P.C by the impugned judgment of conviction dated
26.02.2020 passed in Sessions Trial Case No. 668 of 2019 by the court
of learned Judicial Commissioner, Ranchi and all of them have been
sentenced in the following manner by the impugned order of sentence
dated 02.03.2020:
A. R.I. for life with a fine of Rs.50,000/- each and a default
sentence each u/s 376-D I.P.C.
B. Imprisonment for a term of 10 years u/s 366 r/w Section 120-B
I.P.C.
C. Imprisonment for a term of 1 month u/s 341 r/w Section 120-B
IPC.
D. Imprisonment for a term of 1 year u/s 342 r/w Section 120-B
IPC.
E. Imprisonment for a term of 1 year u/s 323 r/w Section 120-B
IPC.
F. Imprisonment for a term of 3 years u/s 379 r/w Section 120-B
I.P.C.
G. Imprisonment for a term of 3 years u/s 411 r/w Section 120-B
IPC.
No separate sentence has been awarded under Section 120-B
I.P.C. All the sentences have been directed to run concurrently.
Admit.
Call for the lower court record in connection with Sessions Trial
Case No. 668 of 2019 from the court of learned Judicial Commissioner,
Ranchi.
Learned counsel for the appellant submits that co-convict Kuldeep
Oraon, Rishi Tirkey, Sandeep Tirkey, Basant Kacchap, Ajay Munda,
Sunil Munda and Sunil Oraon have preferred Criminal Appeal (DB) No.
368 of 2020 against the impugned judgment.
If the L.C.R. has been called for in the other appeal, the same be
tagged along with the instant case.
Let Criminal Appeal (DB) No. 368 of 2020 be listed along with
the instant appeal.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
