Jharkhand High Court
Md. Sahid @ Md. Shahid vs The State Of Jharkhand on 10 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 46 of 2021
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Md. Sahid @ Md. Shahid ...... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. N. K. Sahani, Adv.
For the State : Mr. Manoj Kr. Mishra,A.P.P.
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I.A. No. 3256 of 2021
06/10.05.2022 Heard learned counsel for the petitioner and learned APP for
the State.
2. The present Interlocutory Application No. 3256 of 2021 has
been filed by the appellant for suspension of sentence and grant of
bail to the appellant, during pendency of the present criminal appeal.
3. The present Criminal Appeal has been filed on behalf of the
appellant challenging the judgment of conviction and order of
sentence dated 30.04.2019 passed by learned Additional Sessions
Judge-I-cum-Special Judge (POCSO Act), Simdega in connection
with Special (POCSO) Case No. 11 of 2018 whereby the appellant
has been convicted for the offence under Sections 363/376/366 of
the Indian Penal Code and under Sections 4/8/12 of the POCSO Act
and has been sentenced to undergo R.I. for a period of eight(8) years
and to pay fine of Rs. 10,000/- under Section 4 of the POCSO Act
and has been sentenced to undergo R.I. for a period of three(3) years
and to pay fine of Rs. 10,000/- under Sections 8 of the POCSO Act
respectively and has been sentenced to undergo R.I. for a period of
three(3) years and to pay fine of Rs. 10,000/- under Sections 12 of
the POCSO Act respectively and in default of payment further
sentenced to undergo R.I. for a period of three months on each
count.
4. It has been submitted by the learned counsel for the
appellant that the appellant is innocent and the victim girl has
voluntarily had gone to Rourkella where she lived with the appellant
for 4 to 6 days. It is submitted that as per the medical evidence, no
sign of rape was found and as per the medical assessment, the age of
the victim girl was found between 16-17 years. It is submitted that it
is a case of love affair. It is submitted that the appellant is in custody
since 24.03.2018 and he has completed more than half of the
sentence and as such, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail. It is submitted that as per the FIR, the victim girl was minor
and aged about 16-17 years even as per the medical report. However,
it is submitted that the appellant had assured her to marry and
committed rape upon her and which has been supported by the P. W.-
1, the victim girl and informant, P.W.-2, Sahnaz Khatoon, mother of
the victim girl and P.W.-3, Md. Nasruddin @ Najruddin , father of the
victim girl and as such, prayer for bail of the appellant is fit to be
rejected.
6. Perused the Lower Court Records and considered the
submissions of learned counsel for the both the sides.
7. It transpires from the record that the victim girl has
voluntarily gone to Rourkella on assurance given by the appellant to
marry her. It further transpires that from the evidence of witnesses
P. W.-1, the victim girl herself, that she has voluntarily gone to
Rourkella and remained in the house of his cousin Md. Washir. P.W.-
2, Sahnaz Khatoon, mother of the victim girl and P.W.-3, Md.
Nasruddin @ Najruddin , father of the victim girl have also stated
that the appellant took the victim girl to Rourkella for performing
marriage with her. P.W.-4 is the doctor, who has found the age of the
victim girl is between 16-17 years.
8. Considering the fact that the appellant is custody for about
four years and two months and has completed half of the sentence,
during pendency of this Criminal appeal, the appellant, Md. Sahid @
Md. Shahid is directed to be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-I-cum-Special Judge (POCSO Act), Simdega in connection
with Special (POCSO) Case No. 11 of 2018, subject to the condition
that one of the bailor must be own relative of the appellant and the
appellant is directed to deposit fine amount of Rs. 10,000/-, Rs.
10,000/- and Rs. 10,000/- in the learned Court below, which may be
given to the victim girl and deposit his self attested Aadhar Card. The
appellant shall file Undertaking that he will remain present at the
time of final hearing of this Appeal failing which, his bail may be
liable to be cancelled.
9. Accordingly, I.A. No. 3256 of 2021 stands allowed and
disposed of.
(Sanjay Prasad, J.)
Kamlesh/
