Dinesh Karmakar vs State Of Jharkhand
2024 Latest Caselaw 8809 Jhar

Jharkhand High Court

Dinesh Karmakar vs State Of Jharkhand on 4 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Appeal (D.B.) No. 427 of 2024
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Dinesh Karmakar             ....  .... .... Appellant
                         Versus
State of Jharkhand          ....  .... .... Respondent

CORAM:          SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

For the Appellant : Mr. R. S. Mazumdar, Sr. Advocate Mr. Ayush Deb, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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04/ 04.09.2024 I.A. No. 9291 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 under Section 366 of IPC and under Section 4(2) of the POCSO Act in Spl. (POCSO) Case No. 09 of 2023 [arising out of Topchanchi P.S. Case No. 177 of 2022]. He has been sentenced to undergo rigorous imprisonment for twenty years and a fine of Rs. 10,000/- for the offence under Section 4(2) of the POCSO Act.

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. Learned counsel for the appellant submits that victim is aged about 14 years and 8 months at the time of occurrence. She stated in her statement recorded under Section 164 Cr.P.C. that she was in love with this appellant and thereafter she had gone to Chennai with the other victim and another co-accused. In her statement, while deposing as P.W. 1, she stated that they were in talking terms with each other and she had gone to the house of this appellant for number of times and once physical relationship was developed which was against her wish. Thereafter, on the request and pressure of this appellant, she along with another victim who happens to be cousin and the appellant went to Chennai. Thereafter, they returned by train. Further, there is also allegation that sexual intercourse was established in train as well.

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

6. Considering the facts and statement of the victim recorded under Section 164 Cr.P.C., we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Dinesh Karmakar 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 Act in Spl. (POCSO) Case No. 09 of 2023 arising out of Topchanchi P.S. Case No. 177 of 2022 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad, once in every four months till the disposal of this appeal.

7. I.A. No. 9291 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Pawan/-