Vijay Mukhi vs The State Of Jharkhand
2024 Latest Caselaw 9222 Jhar

Jharkhand High Court

Vijay Mukhi vs The State Of Jharkhand on 12 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Appeal (D.B.) No.111 of 2024
                                     -----
            Vijay Mukhi, S/o Ganesh Mukhi, R/o S.K.G. Colony, Kandra, P.O. &
            P.S. Kandra, District Seraikella- Kharsawan (Jharkhand)
                                                          ....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. Peter Martin T.J., Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. .........

06 /12.09.2024: I.A. No.1298 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 341/34, 376D, 506/34 of IPC and Section 6 of the POCSO Act, in connection with POCSO Case No.26 of 2021. He has been sentenced to undergo rigorous imprisonment for life which shall mean imprisonment for the remainder of his natural life with a fine of Rs.25,000/- for the offence under Section 6 of the 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. This is a case of gang rape. Though the Doctor opined that there is no any sign of rape upon the girl, but the DNA profile suggest that girl was sexually assaulted. There is direct allegation against this appellant also, which is evident from the testimony of the girl. Thus, we are not inclined to release the appellant on bail.

6. Accordingly, I.A. No.1298 of 2024 stands dismissed.

                                                      (ANANDA SEN, J.)


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