Grijesh Gourav @ Suraj Mishra @ ... vs The State Of Jharkhand
2023 Latest Caselaw 2296 Jhar

                                      1


            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (D.B.) No.846 of 2023

     Grijesh Gourav @ Suraj Mishra @ Girijesh Gourav @ Girijesh
     Gourab                                                  ........... Appellant
                              Versus
     The State of Jharkhand                                  .......Respondent.
                                -------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

-------

For the Appellant : Mr. Abhishek Kumar Dubey, Advocate For the Res.-State : Mr. Manoj Kr. Mishra, A.P.P.

----------------------------

th 04/Dated: 13 July, 2023

1. Heard the learned counsel for the parties.

2. Admit.

3. Mr. Manoj Kumar Mishra, learned A.P.P. appears and waives notice on behalf of the State.

4. Call for the Lower Court Records.

I.A. No.5487 of 2023

5. The instant interlocutory application has been filed on behalf of the appellant for suspension of the sentence in connection with the judgment of conviction and order of sentence dated 10th May, 2023 passed by the learned Additional Sessions Judge-II, Seraikella in S.T. Case No.24 of 2017, whereby and whereunder, the appellant has been convicted for the offence under Section 376 of the I.P.C. and directed to undergo rigorous imprisonment for 10 years along with fine of Rs.10,000/- and in default of payment of fine, he shall further undergo simple imprisonment for six months.

6. Learned counsel appearing for the appellant by referring to the testimony of the prosecutrix, who has supported the version of the prosecution at the time of recording of her statement under Section 164 Cr.P.C. which has been substantiated by her in course of the trial by deposing that Suraj Mishra (the appellant herein) several times by giving false pretext of marriage established physical

relation with her and, thus, twice she became pregnant and pregnancy was terminated.

It is further submitted that it is a case of consensual intercourse and, as such, the ingredients of Section 376 of the I.P.C. is not attracted. It is also submitted that the learned trial court without taking into consideration the aforesaid fact has convicted the appellant.

Learned counsel for the appellant on the aforesaid premise has submitted that the appellant is having prima facie case for suspension of the sentence.

7. On consideration of the aforesaid submission, the learned A.P.P.

appearing for the State is, hereby, called upon to file objection, as to why the sentence of the appellant in connection with S.T. Case No.24 of 2017 be not kept in abeyance during pendency of the appeal.

8. The objection, if any, be filed on or before the next date of hearing.

9. List this case on 26th July, 2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Rohit Pandey/-