Subhash Mohali vs The State Of Jharkhand &Anr
2023 Latest Caselaw 3600 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI

                       Cr. Appeal (SJ) No. 111 of 2023

Subhash Mohali                                            ...   ... Appellant
                                    Versus
The State of Jharkhand &Anr.                             ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA

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        For the Appellant      : Mr. Nilesh Kumar, Advocate
        For the State          : Mr. Anup Pawan Topno, APP
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Order No.04/Dated: 21 September, 2023
          IA No. 4280 of 2023

The present Interlocutory Application has been filed for suspension of sentence during pendency of this criminal appeal.

The present criminal appeal is directed against the judgment of conviction dated 4.2.2023 and the order of sentence dated 7.2.2023 passed in POCSO Case no.16 of 2022 by the learned Special Judge, POCSO, Dumka, whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for 4 years with fine of Rs.10,000/-each and in default of payment of fine he shall further sentenced to undergo SI for 3 months for the offence under sections 8 of POCSO Act and under section 354 of the Indian Penal Code.

The learned counsel for the appellant has submitted that the entire case is based on doubtful allegation as victim has herself made allegation in her written report but denied the same in her deposition as PW-

3. Further, in her written report she has mentioned date of occurrence as 10.3.2022 but in her deposition she has said that date of occurrence was 9.3.2022 one day prior to her alleged date of occurrence in her written report. The learned counsel further pointed out cross-examination of PW-3 in which she has stated that she has not given the statement and has not instituted the present case. The learned counsel further submits that in paragraph no.1 of her deposition, she has taken name of the appellant but in paragraph no. 13 she has stated that the appellant has not done anything wrong with her. The learned counsel for the State submits that the appellant was dragging the informant upon which the learned counsel for the appellant submits that PW- 7 who is the brother of the informant has deposed that the appellant was holding the hand of the informant and, therefore, evidence of PW-6 and PW-7

who were said to be witness to the incident would become doubtful. He has already spent more than one year six months in custody out of imposed four years. Therefore, his prayer for suspension of sentence, during pendency of appeal, may be considered.

The learned counsel for the State has pointed out from the evidence of PW-6 and PW-7 that they had seen the appellant dragging the informant and taking her away. He further submits that in her statement under section 164 Cr.P.C. the informant has supported her case and also described what has happened.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties, also considering the period of custody already spent by the appellant and in the facts and circumstances of the case, the appellant, named above, is ordered to be released on bail, during pendency of this appeal, on executing bail-bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (POCSO), Dumka in connection with POCSO Case No.16 of 2022, arising out of Shikaripara P.S. Case No. 36 of 2022, subject to the condition that the appellant shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the appeal without prior permission of the Court.

Accordingly, I.A. No.4280 of 2023 stands allowed and disposed of.

KNR                                                (Ratnaker Bhengra, J.)