Ramchandra Tiu @ Ram Chandra Tiu vs The State Of Jharkhand
2024 Latest Caselaw 9080 Jhar

Jharkhand High Court

Ramchandra Tiu @ Ram Chandra Tiu vs The State Of Jharkhand on 9 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.637 of 2024
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           Ramchandra Tiu @ Ram Chandra Tiu, S/o Prem Singh Tiu, R/o
           Village- Dopai, Purunia, Muffasil Chaibasa, West Singhbhum
                                                        ....Appellant(s).
                                    Versus
           The State of Jharkhand                      .... Respondent(s).
                                    ........
           CORAM        :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Vishal Kumar Tiwary, Advocate Mr. Manjeet Kr. Chaudhary, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P. .........

06 /09.09.2024: I.A. No.5041 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 for the offence under Sections 323, 366A, 506 of IPC and Section 6 of POCSO Act in connection with Special (POCSO) Case No.47 of 2022. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.15,000/- for the offence under Section 6 of POCSO Act along with other sentences.

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. The victim has alleged that she was gang raped, but surprisingly, the Doctor did not find any sign of rape and also not a single sign of injury on any part of the body was found. From the evidence of P.W.-1, we find that she was in love with Devendra Kachayap and she admitted at paragraph 15 that one of the accused, Sukhlal used to forbid her from meeting Deven. She herself states that she does not how to read, but stated that she had written the F.I.R.

6. Considering all these evidences, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Ramchandra Tiu @ Ram Chandra Tiu 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 Additional Sessions Judge-I-cum- Special Judge (POCSO) Act, West Singhbhum at Chaibasa in connection with Special POCSO Case No.47 of 2022 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Chaibasa, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.5041 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.