Md. Rabbani Mian @ Md. Rabbani vs The State Of Jharkhand
2024 Latest Caselaw 3518 Jhar

Jharkhand High Court

Md. Rabbani Mian @ Md. Rabbani 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.1502 of 2022
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           Md. Rabbani Mian @ Md. Rabbani            ... 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. Sujay Dayal, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. .........

06 /02.04.2024: I.A. No.2192 of 2024 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with in S.T. No.48 of 2018 (Simdega Mahila P.S. Case No.29 of 2017 corresponding to G.R. No.445 of 2017), for the offence under Sections 376/506 of IPC. He has been sentenced to undergo rigorous imprisonment for 14 years and a fine of Rs.20,000/- under Section 376 of IPC along with other sentences.

3. Heard, the learned 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. The victim has alleged commission of rape upon her by this appellant.

5. Learned counsel for the appellant submits that whatever happened is consensual, which can be gathered from the evidence of the informant herself. Further he submits that the parents of the victim has not been examined nor the person in whose house the victim was residing. Further he submits that the victim is major.

6. After going through the evidence of the victim and also the Doctor, we find that victim has specifically alleged commission of rape upon her by this appellant. Further the Doctor found symptom of sexual intercourse within one to two days of the examination. Thus, we are not inclined to release the appellant on bail.

7. Accordingly, I.A. No.2192 of 2024 stands dismissed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S.