Manaur Hussain @ Manuwer Husen vs The State Of Jharkhand
2023 Latest Caselaw 1297 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (DB) No. 306 of 2023

          Manaur Hussain @ Manuwer Husen                         ........... Appellant
                                              Versus
          The State of Jharkhand                                .......Respondent.
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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         For the Appellant     : Mr. H.K. Shikarwar, Advocate
         For the State         : Mrs. Amrita Kumari, A.P.P.
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      03/Dated: 23 March, 2023


          I.A. No.2304 of 2023:

This interlocutory application has been filed for condoning the delay of 27 days, which has occurred in preferring this appeal.

No counter to the delay condonation application has been filed. Heard the parties.

This Court taking into consideration the reasons assigned in the instant interlocutory application, is of the view that the appellant was prevented from sufficient cause in filing the appeal.

Accordingly, taking into consideration the aforesaid fact, this interlocutory application is allowed and the delay of 27 days in preferring this appeal, is hereby condoned.

In view thereof, the instant interlocutory application stands disposed of.

Cr. Appeal (DB) No. 306 of 2023:

Heard learned counsel for the parties.

Admit.

Call for the lower court records.

I.A. No.2305 of 2023 With the consent of the learned counsel for the parties, the instant interlocutory application has been heard which has been filed on behalf of the appellant for suspension of sentence till disposal of the present criminal appeal and to grant bail to the appellant in connection with Special POCSO Case No.18 of 2021 arising out of Koderma P.S. Case No.70 of 2021 during pendency of the present criminal appeal which has been preferred against the judgment of conviction dated 23rd November, 2022 and order of sentence dated 28th November, 2022 passed by the learned Additional Sessions Judge-III-cum-Spl. Judge, POCSO Act, Koderma, whereby the appellant has been convicted for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act and has been sentenced to undergo rigorous imprisonment for 12 years years along with fine of Rs.25,000/- for the said offences.

Mr. H.K. Shikarwar, learned counsel appearing for the appellant has submitted that although the other witnesses have supported the prosecution version but the doctor, the P.W.-5 has not supported the story of commission of rape, as would appear from the impugned judgment, as per the discussion made therein by the learned trial court at page 5 while discussing the testimony of P.W.-5, the doctor.

This Court after taking into consideration, the aforesaid submission is, hereby, calling upon the State to file objection, if any, as to why the sentence passed in connection with Special POCSO Case No.18 of 2021 arising out of Koderma P.S. Case No.70 of 2021 be not kept in abeyance. The objection, if any, be filed before the next date of hearing. Accordingly, list this matter on 13th April, 2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Rohit Pandey/-