Sikandar Sheikh @ Moujhi Mian @ Majid @ ... vs The State Of Jharkhand
2024 Latest Caselaw 3522 Jhar

Jharkhand High Court

Sikandar Sheikh @ Moujhi Mian @ Majid @ ... 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. 404 of 2023
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            Sikandar Sheikh @ Moujhi Mian @ Majid @ Majid Mian
                                                         ... 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. Pranabesh Kr. Paul, Advocate For the State : Mrs. Snehilika Bhagat, A. P.P. .........

06 /02.04.2024: I.A. No.10744 of 2023 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 Special Judge, (POCSO), Dumka in POCSO Case No.27 of 2017, for the offence under Section 6 of POCSO Act, Section 366 & 376(2)(n), 506 of IPC and Section 3(1)(w)(ii) of SC/ST (POA) Act. He has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.25,000/- under Section 6 of POCSO Act 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. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. The victim herself states that she is aged about 17 years. While deposing she states that she was taken forcefully by this appellant in scooty and she was taken to five different places and in each places she was kept in a rented accommodation for atleast two to three weeks. She has not raised any alarm nor tried to bring to the notice of any person of the locality about her state. She alleged that in each place sexual intercourse has taken place though she has used the word rape.

6. Considering the age and also the circumstances and conduct of the victim, 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 Special Judge, (POCSO), Dumka in POCSO Case No.27 of 2017 with a condition that the appellant shall appear and mark her attendance before the Registrar, Civil Court, Dumka once in every four months till the disposal of this appeal.

7. I.A. No.10744 of 2023 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S.