Kamlesh Kumar vs The State Of Jharkhand
2023 Latest Caselaw 4100 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Criminal Appeal (DB) No. 1563 of 2023
Kamlesh Kumar                                --- --- Appellant

                                   Versus
The State of Jharkhand                                  --- --- Respondent
                                          .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Binod Kumar Dubey, Advocate : Mr. Arvind Prajapati, Advocate : Mr. Abhishek Kr. Dubey, Advocate For the State : Mr. Shailendra Kr. Tiwari, A.P.P.

Order No.03/ Dated 31st October, 2023

1. I.A. No. 8731 of 2023 has been filed for suspension of sentence of the appellant in connection with judgment of conviction dated 09.08.2023 and order of sentence dated 18.08.2023 passed by learned Special Judge, Child Act cum Additional Sessions Judge-I, Chatra in connection with Child Act Case No. 5 of 2019 arising out of Chatra Sadar P.S. Case No. 326 of 2018 (Sadar P.S. Case No. 326 of 2018 pertaining to split up record of CICL in Sadar P.S. Case No. 326 of 2018) whereby and whereunder the appellant has been convicted under Section 366A of the IPC and Section 4 of the POCSO Act and has been sentenced to undergo R.I for 5 years with a fine of Rs. 5000/- u/s 366A of the IPC and R.I. for 10 years with a fine of Rs.10,000/- u/s 4 of the POCSO Act and in default of payment of fine amount, he is further directed to undergo S.I. for 3 months.

2. Learned counsel for the appellant has submitted by placing the testimony of the victim P.W.11 that no iota of reference has been made by her by imputing any allegation upon the appellant. Learned counsel for the appellant has read out the testimony of the victim P.W-11 in its entirety in order to substantiate his argument.

3. Learned A.P.P. representing the State has sought for time to file objection in view of the judgment rendered by the Hon'ble Supreme Court in the case of Somesh Chaurasia Vrs. State of M.P. & Anr. reported in 2021 SCC OnLine SC 480.

4. Considering the same, let the matter be posted on 07.11.2023 so that affidavit in objection be filed on or before the next date.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty