Walter Kerketta vs The State Of Jharkhand
2024 Latest Caselaw 3516 Jhar

Jharkhand High Court

Walter Kerketta vs The State Of Jharkhand on 2 April, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (D.B.) No. 462 of 2023
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            Walter Kerketta                             ... Appellant(s).
                                      Versus
            The State of Jharkhand                      ... Respondent(s).
                                      ------
            CORAM        :     SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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            For the Appellant(s)      : Mr. A.K. Kashyap, Sr. Advocate
            For the State             : Mrs. Ruby Pandey, A. P.P.
                                      .........
04 /02.04.2024:    I.A. No.1443 of 2024

This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with POCSO Case No.63 of 2018 (arising out of Mandar P.S. Case No.57 of 2018), for the offence under Sections 376 (DA) of IPC r/w Sections 4 & 6 of POCSO Act. He has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.20,000/- under Section 376(D)(A) of IPC along with other sentences.

3. Heard, the learned Senior counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Learned Senior counsel for the appellant submits that the prosecution case has been exaggerated by the victim while she deposed as P.W.-1. It is his contention that in the FIR, which has been lodged by the victim she has not whispered about commission of rape by this appellant, whereas she has developed a story and levelled the allegation of commission of rape against this appellant while deposing P.W.-1.

5. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

6. After going through the FIR and deposition of P.W.-1, we find that in the FIR, the victim-girl has not stated that this appellant has committed rape upon her, though in detail she has stated that the other co-accused has committed rape upon her. While deposing as P.W.-1, she alleged that this appellant also committed rape. Considering this discrepancy, the appellant, named above is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.J.C.-IV-cum-Special Judge, (POCSO), Ranchi in POCSO Case No.63 of 2018 (arising out of Mandar P.S. Case No.57 of 2018) with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Ranchi once in every four months till the disposal of this appeal.

7. I.A. No.1443 of 2024 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S.