Suresh Prasad Paswan vs The State Of Jharkhand
2022 Latest Caselaw 2211 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 317 of 2022
                                           ....

              Suresh Prasad Paswan                                    ....     Appellant
                                           Versus
             The State of Jharkhand                                    .... Respondent
                                           ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. P.K.Mukhopadhyay, Adv.
                For the State                 : Mr. Sardhu Mahto, A.P.P.
                                              ....

03/23.06.2022             I.A. No.3801 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 07.04.2022 passed by learned Special Judge, POCSO, Dhanbad in Spl. POCSO Case No.50 of 2019 arising out of Saraidhela P.S. Case No.65 of 2019, whereby the appellant has been convicted for the offence under Section 506 of IPC and Section 10 of the POCSO Act and has been sentenced to undergo S.I. for five years with a fine of Rs.5,000/- for the offence under Section 10 of the POCSO Act and in default of payment of fine, further sentenced for one month imprisonment, the appellant further sentenced to undergo S.I. for one year with fine of Rs.1,000/- for the offence under Section 506 of IPC and in default of payment of fine further sentenced to undergo imprisonment for seven days.

Learned counsel for the appellant has submitted that the appellant was earlier six months in custody and now he is in custody since from the date of judgment of conviction. It has been further submitted that there is contradiction in the deposition of the victim girl. There is no other eye-witness to the incident. On above basis, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail.

Having heard learned counsel for the parties and from perusal of record, it appears that the minor girl was capable of giving witness and the court below has satisfied itself by putting some questions. The testimony of the victim girl appears to be trustworthy and her statement discloses the commission of crime committed by the appellant.

Considering the materials available on record, I am not inclined to suspend the sentence of the appellant.

I.A. No.3801 of 2022 stands rejected.

(Rajesh Kumar, J.) Shahid/