Jharkhand High Court
Pradum Mandal @ Pradum Kumar ... vs State Of Jharkhand on 25 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Criminal Appeal (DB) No. 77 of 2022
Pradum Mandal @ Pradum Kumar Mandal, aged about 20 years, S/o
Lakhikant Mandal, R/o Village-Narayanpur Aamtand, PO&PS-Pindrajora,
District-Bokaro .... Appellant
Versus
State of Jharkhand ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellant : Mr. Arwind Kumar, Advocate
For O.P. No.2 : Mr. S.K. Barnwal, Advocate
For the State : Mr. Vineet Kumar Vashistha, Spl.PP
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Order No.08/ Dated: 25th July 2023
I.A. No. 3409 of 2023
This application has been filed for suspension of sentence
awarded to the appellant in Special (POCSO) Case No.125 of 2020.
2. Sudamdih PS Case No.78 of 2020 was lodged on the basis of a
written report given by the victim girl (hereinafter referred to as 'X') to the
officer-in-charge of Sudamdih PS on 26th September 2020.
3. The case of the prosecution is that the appellant developed
friendship with 'X' and used to call her on her mobile phone. In course of
time, the appellant persuaded 'X' for marriage and on that pretext established
sexual relationship with her.
4. In the trial the prosecution has examined 5 witnesses out of
whom 'X' has tendered evidence as PW3.
5. In paragraph no.16 of the judgment in Special (POCSO) Case
No. 125 of 2020, the learned Special Judge has recorded the defence set up
by the accused that as per her own evidence age of 'X' is more than 17 years
as she was studying in SPM College in the year 2014. There is however
assessment of age by the Juvenile Board as 15 years as on the date of
occurrence.
6. Mr. Arwind Kumar, the learned counsel for the appellant has
drawn our attention to paragraph No.17 of the judgment under challenge to
contend that there is no finding recorded by the Special Judge as regards
defence set up by the accused and only on the ground that there is a
provision under the POCSO Act to raise adverse inference against the
accused he has been convicted and awarded maximum punishment of life
imprisonment which shall mean till the end of natural life.
7. The appellant is in custody since 27th September 2020 and he
was aged about 21 years on the date of the judgment. The learned counsel
for the appellant submits that there is no reasonable possibility of hearing of
this criminal appeal in near future.
8. Mr. S.K. Barnwal, the learned counsel appears for the OP No.2
has opposed this application for suspension of sentence on the ground that
the appellant has committed a heinous crime.
9. Having regard to the aforesaid facts and circumstances in the
case, we are inclined to suspend the sentence inflicted upon the appellant in
Special (POCSO) Case No.125 of 2020.
10. Accordingly, the appellant, namely, Pradum Mandal @ Pradum
Kumar Mandal is directed to be released on bail during pendency of the
appeal on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of the learned
Special Judge, POCSO, Dhanbad in connection with Special (POCSO) Case
No.125 of 2020, on the following conditions:
(i) he shall furnish his present address supported by his Aadhar Card
and give his contact number to the Investigating officer, and
(ii) he shall remain physically present or through his authorized
counsel in the Court whenever this criminal appeal is posted for final
hearing.
11. I.A. No. 3409 of 2023 stands allowed.
12. Let a copy of this order be transmitted to the Court concerned
and the concerned Jail Superintendent through "FAX".
(Shree Chandrashekhar, J.)
(Anubha Rawat Choudhary, J.)
R.K.
