Salima Khatun @ Kashis @ Guddu vs The State Of Jharkhand
2024 Latest Caselaw 7591 Jhar

Jharkhand High Court

Salima Khatun @ Kashis @ Guddu vs The State Of Jharkhand on 1 August, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (D.B.) No.1063 of 2023
                                            -------
                 Salima Khatun @ Kashis @ Guddu.                ... ... Appellant
                                                Versus
                 The State of Jharkhand.                     ... ... Respondent
                                             ------
                       CORAM       : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant : Ms. Shruti Shrestha, Advocate. For the State : Mr. Sanjay Kumar Srivastava, A.P.P.

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05/ 01.08.2024

I.A. No.7440 of 2024

This Interlocutory Application has been filed by the

appellant praying therein to suspend the sentence and release

her on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in

connection with Special (POCSO) Case No.69 of 2021. She has

been convicted for the offences under Sections 377 of IPC and

was sentenced to undergo rigorous imprisonment for 10 years

with a fine of Rs.10,000/-.

3. Heard, 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. Though the case was initially instituted under the POCSO

Act also but the Court did not find the victim girl to be a minor,

thus, there was no conviction or punishment under the POCSO

Act. This appellant is a lady. There is some dispute between the

family of the victim and this appellant, which is evident from the

evidence of P.W.-1 at para-11, who is the mother of the victim.

Further, we find that the act of unnatural sex is continued for six

months. This is surprising when the offence was first committed

then thereafter why this appellant again had gone to the house

of the accused on repeated occasion.

6. Considering the aforesaid material which transpired in the

evidence, we are inclined to release this appellant on bail.

7. Accordingly, upon suspending the sentence, the appellant

is directed to be released on bail during the pendency of this

appeal, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

Thousand) with two sureties of the like amount each to the

satisfaction of the learned Special Judge (POCSO), Bokaro, in

Special (POCSO) Case No.69 of 2021, with a condition that the

appellant shall appear and mark her attendance before the

Registrar, Civil Court, Bokaro, once in every four months till the

disposal of this Appeal.

8. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

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