Jharkhand High Court
Arvind Yadav vs The State Of Jharkhand on 9 February, 2023
1 Cr. Appeal (SJ) No.476 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.476 of 2022
Arvind Yadav ..... Appellant
Versus
The State of Jharkhand . .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Aishwarya Prakash, Advocate
For the State : Mr. P.D. Agarwal, Spl. PP
-----
7/09.02.2023 Heard learned defence counsel appearing on behalf of the appellant
and learned APP appearing on behalf of the state.
2. Learned defence counsel submitted that one I.A. No. 10307 of 2022
has been filed on behalf of the appellant with a prayer to enlarge the
appellant on bail during pending of this appeal after suspending the
operation of the order of sentence. It is submitted that this court has already
admitted this appeal, which has been preferred against the judgement of
conviction and order of sentence dated 16.06.2022 passed in Special POCSO
No.33 of 2021, arising out of Mahagama P.S. Case No.113 of 2019 dated
28.06.2019, corresponding to G.R. No.684 of 2021, passed by learned Special
Judge (POCSO), Godda, whereby and whereunder the appellant has been
convicted u/s 354 of IPC and sentenced to undergo R.I. for four years and a
fine of Rs.25,000/- and in case of default in payment of fine, he shall further
undergo R.I. for six months and further the payment of fine shall be paid to
the victim as compensation.
3. It has been submitted that the impugned judgment of conviction and
order of sentence is wholly illegal in view of the fact that the evidence
adduced on behalf of the prosecution has not been appreciated in right
perspective of this case as at the outset for such a serious offense of
outraging the modesty of a woman, there is an inordinate delay in the
institution of the FIR for about 17 days.
4. Further it has also been pointed out that in such a cases, there was no
occasion for holding any panchayati for the resolution of the dispute, but it is
alleged that after the alleged incident, the panchayati was also convened, in
which the matter could not be resolved and therefore the case was
instituted. Further it has also been pointed out that it is admitted case of
2 Cr. Appeal (SJ) No.476 of 2022
enmity between the parties, which is evident from the depositions of PW1
and PW4 also and also appearing from the impugned judgment, because
the victim was residing in the land of one Mohan Yadav-PW4, who had
inimical term with the appellant and therefore it is urged on behalf of the
appellant that under the facts and circumstances of this case, the possibility
of false implication cannot be ruled out, which has not been appreciated by
the learned court below. Further there is a contradiction and inconsistency
in the deposition of PW4, whose attention has been drawn on his earlier
statement by the investigating officer-PW6. Further it has been pointed out
that the appellant had already remained in jail for about more than one year
including pre-conviction period and post-conviction period, further it is
also submitted that this appeal is not likely to be heard in near future and
therefore it is submitted that the appellant be enlarged on bail.
5. On the other hand, learned Special PP appearing on behalf of the
state opposed the contentions raised on behalf of the appellant.
6. Having taken into consideration the forceful submission advanced on
behalf of the appellant, this appellant Arvind Yadav is directed to be
enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand) with two sureties of the like amount each to the satisfaction
of the court of learned Special Judge (POCSO), Godda, in connection with
Special (POCSO) No.33 of 2021, arising out of Mahagama P.S. Case No.113
of 2019, corresponding to G.R. No.684 of 2021, subject to the conditions as
laid down under Section 439 of Cr.P.C. and further subject to the condition
that half of the fine amount that is Rs.12,500/ shall be deposited by the
appellant in the learned court below by way of compensation in order to
give it to the victim PW-1. Learned court below is directed to disburse on
deposit of the said fine amount to the victim PW-1 after proper notice and
identification.
7. I.A. No.10307 of 2022 gets disposed of accordingly.
8. Original lower court has already been received. Let this case be listed
under the heading for hearing in seriatim.
(Navneet Kumar, J.)
R.Kumar
