The State Of Jharkhand vs Mithu Rai
2023 Latest Caselaw 4055 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Death Reference (DB) No. 02 of 2020
The State of Jharkhand                                 ... ... Appellant
                                 Versus
1. Mithu Rai
2. Ashok Rai
3. Pankaj Mohali                                    ... ... Respondents
                                with
                  Criminal Appeal (DB) No.493 of 2020
1. Mithu Rai
2. Ashok Rai
3. Pankaj Mohali                                     ... ... Appellants
                                Versus
The State of Jharkhand                                ... ... Respondent

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
       HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Accused No.1               : Mr. Kumar Vaibhav, Amicus
For the Accused Nos.2 & 3          : Mr. Rajeeva Sharma, Sr. Advocate
                                     Mr. Ritesh Kumar, Advocate
                                     Mr. Om Prakash, Advocate
                                   ---------

Dated: 18th October 2023

The judgment is delivered in the open Court.

Death Reference No.02 of 2020 is dismissed.

Criminal Appeal (DB) No.493 of 2020 is allowed and POCSO Act Case No.08 of 2020 is restored to its original records.

Ashok Rai and Pankaj Mohali shall be released forthwith.

Let a release order in this respect be transmitted to the Jail Superintendent, Central Jail, Dumka by the Registry of this Court through 'FAX', forthwith.

Let a release order for Mithu Rai be also prepared and transmitted to the Court concerned which shall impose appropriate conditions for securing his attendance during the trial.

Ashok Rai and Pankaj Mohali shall appear before the J.J. Board at Dhanbad on 22nd November 2023.

Mithu Rai shall appear in person on 22nd November 2023 in the Court seized with POCSO Act Case No.08 of 2020.

2 Death Reference No.02 of 2020 with Cr. Appeal (DB) No.493 of 2020

The learned Registrar General of this Court shall take necessary order from Hon'ble the Chief Justice, High Court of Jharkhand in connection to the direction issued vide paragraph no.57 of this judgment.

Let a copy of this judgment be placed before the Hon'ble Judge In-charge of the Judicial Academy, Jharkhand for the training of the POCSO Court Judges, if deemed fit and necessary.

Let the signed judgment be kept in the original file.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Saurav