Jharkhand High Court
Matik Oraon vs The State Of Jharkhand on 30 November, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No.186 of 2018
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Matik Oraon .... .... Appellant
Versus
The State of Jharkhand .... .... Respondent
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Abhay Kr. Chaturvedy, Advocate
Mr. Amit Kr. Choubey, Advocate
For the State : Mr. Saket Kumar, APP
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04/Dated: 30.11.2023
I.A. No.7459 of 2023
1. The instant interlocutory application has been filed under Section
389(1) of the Cr.P.C. for suspension of sentence dated
28.11.2017 passed by the learned Sessions Judge, Latehar in
S.T. Case No.84 of 2014, in connection with Latehar P.S. Case
No.11 of 2013, corresponding to G.R. Case No.564 of 2013,
whereby and whereunder, the appellant has been convicted for
the offence under Sections 397, 395 and 376D of the I.P.C. and
sentence to undergo R.I. for 7 years under Section 397 of the
I.P.C. The appellant has further been sentenced to undergo R.I.
for 10 years for the offence under Section 395 of the I.P.C. and to
pay fine of Rs.5000/- and in default of payment of fine, he has
further to undergo S.I. for six months. The appellant has further
sentenced to undergo R.I. for 20 years and to pay fine of
Rs.10,000/- under Section 376(D) of the I.P.C. and in default of
payment of fine, he has to undergo S.I. for one year.
2. Learned counsel for the appellant has submitted that it is case
where the appellant has falsely been implicated since there is no
cogent evidence attracting the ingredients of Sections 376D, 395
and 397 of the I.P.C. The issue of custody has also been taken.
3. Serious opposition has been made on behalf of the State by
referring to the testimony of victim, P.W.1 as also the D.N.A.
profile test, by which, it has been come having been considered
by the learned trial Court at paragraph-24 of the impugned
judgment that the D.N.A. profile of the appellant with the victim
has matched, hence, submission has been made that it is not a
case where the sentence is fit to be suspended.
4. Having heard the learned counsel for the parties and perused the
finding recorded by the learned trial Court in the impugned order
as also considered the testimony available in the Lower Court
Records including the exhibits.
5. We, on perusal of the testimony of P.W.1, who has supported the
prosecution version, have found that P.W.1, victim has identified
the appellant in the test identification parade (TIP). Further, the
looted articles have also been identified in the test identification
parade.
6. In D.N.A., it has also come that she was subjected to gang rape
while, she was coming from Ranchi to her native place carrying
the dead body of her sister.
7. It has further come that D.N.A. profile generated from Blood
positive jeans pant cuttings of Matik Oraon is from a human
female which matched with the D.N.A. profile of the source of
Exhibit marked-VII (Source: Blood on gauze of victim).
8. This Court, after taking into consideration the specific
attributability of the appellant, is of the view that it is not a case
where the sentence is to be suspended.
9. Accordingly, interlocutory application being I.A. 7459 of 2023 is
dismissed.
10. It is made clear that any observation made herein will not
prejudice the issue on merit as the appeal is lying pending for its
consideration.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Rohit/-
