Jharkhand High Court
Randhir Kumar Bauri vs The State Of Jharkhand & Anr on 10 January, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No.1014 of 2023
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Randhir Kumar Bauri ... ... Appellant
Versus
The State of Jharkhand & Anr. ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant(s) : Mr. Mukesh Kumar, Advocate
For the State : Mr. S.K. Dubey, APP
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th
Order No.08/ Dated: 10 January, 2024
IA No. 6487 of 2023
The present Interlocutory Application has been filed by the
appellant, for suspension of sentence, during pendency of the criminal
appeal.
This criminal appeal is directed against the judgment of
conviction dated 25.04.2023 and the order of sentence dated 28.04.2023,
passed by the learned Special Judge (POCSO Act), Bokaro in Special
POCSO Case No. 60 of 2020, whereby and whereunder, the appellant has
been convicted for the offence under sections 366A, 376 (3) of the Indian
Penal Code and under section 6 of POCSO Act and he has been sentenced to
undergo RI for 7 years and fine of Rs. 5,000/- for the offence under section
366A of the IPC and in default SI for three months. Further he has been
sentenced to undergo RI for 20 years and fine of Rs. 15,000/- for the offence
under section 6 of the POCSO Act and in default SI for 6 months.
The learned counsel for the appellant submits that at the time of
occurrence, the victim was 15 years of age and age of the appellant was 18
years. He has further submitted that the allegations arise out of voluntary
consensual circumstances and, therefore, the appellant is not criminally
motivated person. He has further pointed out statement of the victim under
section 164 Cr.P.C. wherein she has stated that she had willingly gone with
the appellant and even got married. The learned counsel further submitted
that due to differences in caste and under the pressure of the parents the
present case has been instituted against the appellant. The appellant is in
custody for about two and half years. Therefore, the prayer of the appellant
for suspension of sentence, during pendency of appeal, may be considered.
Mr. S.K. Dubey, the learned counsel for the State has opposed
the prayer for suspension of sentence made on behalf of the appellant and
has submitted that the victim girl was around fifteen years of age at the time
of occurrence, therefore, consent of the victim for sexual intercourse is
immaterial. The learned counsel has further submitted that at the time of
occurrence, the appellant was already more than eighteen years of age and,
therefore, he is fully responsible for the said offence.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties, we are not
inclined to suspend the sentence awarded to the appellant during pendency of
the appeal. Accordingly, his prayer for suspension of sentence is dismissed.
IA No. 6487 of 2023 is dismissed.
(Ratnaker Bhengra, J.)
SB/KNR/- (Ambuj Nath, J.)
