Jharkhand High Court
Rakib Ansari vs The State Of Jharkhand on 6 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No. 837 of 2018
Rakib Ansari, son of Enamul Haque, resident of village Badgai Basti, PO
& PS Bariatu, District Ranchi ...... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Saibal Mitra, Advocate
For the State : Mrs. Vandana Bharti, APP
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th
Order No.06/Dated: 06 October, 2021
This is an assigned matter by virtue of an order dated 24.08.2021
of the Hon'ble the Chief Justice.
IA No. 2544 of 2021
Mr. Saibal Mitra, the learned counsel who appears for the
appellant states that this application was filed for grant of provisional bail
which by efflux of time has become infructuous.
IA No. 2544 of 2021 is disposed of as such.
IA No. 5726 of 2019
This is second application by the appellant seeking suspension of
sentence awarded to him in Sessions Trial No. 308 of 2013.
The previous application filed by the appellant vide IA No. 6765
of 2018 was dismissed as withdrawn on 17.12.2018.
Mr. Saibal Mitra, the learned counsel for the appellant submits
that the statement of the doctor who treated Rani Khatoon and fardbeyan of
the informant are in such contradiction that complicity of the appellant in the
murder of Rani Khatoon and Praveen Kumar Sahu cannot reasonably be
inferred.
Pithoria PS Case No. 123 of 2012 was lodged on 15.12.2012 for
the offences punishable under sections 363A, 376(2)(g), 325, 307 read with
120-B of the Indian Penal Code. Subsequently the offence under section 302
of the Indian Penal Code was added in the report.
The prosecution case is that Rakib Ansari and Rahmat Ansari
with the help of two unknown persons abducted Rani Khatoon and Praveen
-2- Cr. A. (DB) No. 837 of 2018
Kumar Sahu and killed them - Rani Khatoon was subjected to gang rape.
Eleven witnesses were examined by the prosecution in the trial out of which
PW8 Dr. Abha Tirky clinically examined Rani Khatoon on 14.12.2012 at
about 08:45 AM and found that she had suffered serious injuries. PW10
Dr. Ajit Kumar Chourasia who conducted autopsy over the dead body of Rani
Khatoon has also observed marks of violence over her dead body. Praveen
Kumar Sahu had also suffered serious injuries which are recorded in the
postmortem report of the medical team comprising Dr. Ajit Kumar Chourasia
and other doctors.
The learned trial Judge has dissected the prosecution evidence
and acquitted Moin Ansari on the ground that there was no material except
his confessional statement to hold him guilty.
In Sessions Trial No. 308 of 2013, the appellant is convicted and
sentenced to RI for life and fine of Rs.10,000/- with a default stipulation to
undergo further imprisonment for one year under sections 302, 364 and
120-B of the Indian Penal Code and RI for three years and fine of Rs. 5000/-.
An application for suspension of sentence is required to be
examined in the light of seriousness of the offence and severity of
punishment. The learned trial Judge has recorded a finding that the
prosecution has proved its case against Rakib Ansari beyond all reasonable
doubts and, at this stage, we also do not find any prima facie infirmity in the
judgment of conviction so as to enlarge the appellant on bail by suspending
the sentence inflicted upon him in Sessions Trial No. 308 of 2013.
IA No. 5726 of 2019 is dismissed.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Nibha/Madhav/-
