Md. Sonu @ Sonu Kumar vs The State Of Jharkhand
2022 Latest Caselaw 2118 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 543 of 2021
                                         ....

             Md. Sonu @ Sonu Kumar                                  ....    Appellant
                                         Versus
            The State of Jharkhand                                   .... Respondent
                                         ....
             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Shree Nivas Roy, Adv.
                For the State                 : Mr. S.K.Dubey, APP
                For the Informant             : Mr. Arwind Kumar, Adv.
                                              ....

06/09.06.2022             I.A. No.1095 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 29.11.2021 and 01.12.2021 passed by the learned Addl. Sessions Judge-I-cum-Special Judge, POCSO, Ramgarh in Special POCSO Case No.364 of 2016 corresponding to Mandu (West Bokaro) P.S. Case No.98 of 2016, whereby the appellant has been convicted for the offence under Section 7 read with section 8 and under Section 11 read with section 12 of POCSO Act and sentenced to undergo RI for four years with a fine of Rs.50,000/- for the offence under Section 7 read with Section 8 of POCSO Act and in default of payment of fine further sentenced to undergo SI for one year and further sentenced to undergo RI for two years with a fine of Rs.40,000/- for the offence under Section 11 read with Section 12 of POCSO Act and in default thereof further sentenced to undergo SI for six months.

Learned counsel for the appellant has submitted that no finding has been recorded by the court below regarding the age of the victim. The medical evidence suggests the age of the victim around 18 years. The victim girl herself stated her age between 18-19 years. Thus, without recording the finding that the victim is below 18 years, the conviction is bad in law. On above fact, prayer for suspension of sentence has been made.

Learned counsel for the victim has not opposed the prayer for bail. Considering the above facts and the materials available on record, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I-cum-Special Judge, POCSO, Ramgarh in Special POCSO Case No.364 of 2016 corresponding to Mandu (West Bokaro) P.S. Case No.98 of 2016 subject to the condition that the appellant will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No.1095 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/