Jharkhand High Court
Dhaneshwar Kumar Mahto vs The State Of Jharkhand on 4 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 704 of 2019
Dhaneshwar Kumar Mahto --- --- 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. Suraj Singh, Advocate
For the Respondent : Mrs. Priya Shrestha, Spl.P.P.
08/04.10.2021 Heard learned counsel for the appellant Mr. Suraj Singh and Mrs.
Priya Shrestha, learned Spl.P.P. on the prayer for suspension of sentence
made by the appellant through I.A. No. 4400 of 2021.
The sole appellant stands convicted for the offences punishable
under Sections 376(2) IPC and Section 6,10,12 of the POCSO Act by the
impugned judgment of conviction dated 24.04.2019 passed in Special
POCSO Case No. 85 of 2018 by the Court of learned Additional Sessions
Judge-1st cum Special Judge cum FTC, Bokaro and has been sentenced to
undergo R.I. for 10 years with a fine of Rs.10,000 for the offence u/s
376(2) of the I.P.C and in default of payment of fine, 2 months further
imprisonment. He is further sentence to undergo imprisonment for 2 years
with a fine of Rs. 5000/- u/s 12 of the POCSO Act and in default of
payment of fine, 1 month further imprisonment is imposed by the
impugned order of sentence dated 26.04.2019. The fine amount has been
directed to be given to the victim.
Learned counsel for the appellant submits that the victim P.W.3 has
herself stated that there was relationship between the appellant and the
victim from before and the age of the victim being a minor has not been
proved before the learned Trial Court. He has also submitted that although
the victim was student of class-X and her date of birth in the register was
shown as 08.01.2003, a photo copy of the S.L.C. of Class-IX was filed
which is marked -X for identification, but the same was not proved. It is
submitted that as per the medical report, the age of the victim was found
to be 16-18 years. Learned counsel for the appellant submits that when the
appellant and the victim were found together, marriage was also fixed
between them. However, the appellant did not turn up during marriage
and thereafter the present case has been filed.
Learned A.P.P. has opposed the prayer for suspension of sentence
of this appellant.
After hearing the learned counsel for the parties and taking
consideration of the statement of the victim where she has stated that there
was previous relationship between her and the appellant and also the fact
that the age assessed by the doctor is 16-18 years and the fact that the
evidence regarding her date of birth being 08.01.2003 was sought to be
proved by exhibiting the document marked 'X' for identification but it
appears that the same has not been proved before the learned Trial Court
and that appellant is in custody since 22.08.2018, we are inclined to grant
the privilege of suspension of sentence to the appellant.
Accordingly, the appellant, named above, 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 Additional Sessions Judge-1st cum
Special Judge cum FTC, Bokaro in connection with Special POCSO
Case No.85 of 2018 with the condition that he and his bailors shall not
change their address or mobile number without permission of the learned
Trial Court and that appellant as well as his bailors would also submit
the Aadhar Card before the court below at the time of furnishing bail
bonds.
I.A. No. 4400 of 2021 stands allowed.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
