Ali Hussain vs The State Of Jharkhand
2024 Latest Caselaw 9589 Jhar

Jharkhand High Court

Ali Hussain vs The State Of Jharkhand on 24 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.241 of 2024
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           Ali Hussain, S/o Kalam Mian, R/o Village- Rajpokhar, Post- Rajdaha,
           P.S. Pakuria, District- Pakur, 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. Din Dayal Saha, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. .........

08 /24.09.2024: I.A. No.2199 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 Section 376 of IPC and under Section 4 of POCSO Act, in connection with Special POCSO Case No.9 of 2021. He has been sentenced to undergo rigorous imprisonment for twenty years with a fine of Rs.50,000/-, for the offence under Section 4 of POCSO Act.

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. Learned counsel for the appellant submits that the victim is the consenting party to the sexual intercourse. He further submits that from para 9 of the deposition of the victim, it transpires that she is a tutored witness as she has stated that her mother and father had stated as to what to depose.

6. The victim-girl is aged about 13 years on the date of evidence. There cannot be any consent given by a minor for entering into sexual intercourse. She stated in para 2 that she was raped on many occasions. Further in para 9 also she stated that she was taken forcibly and she shouted for help but no one helped her.

7. Considering her statement, we are not inclined to release the appellant on bail.

8. Accordingly, I.A. No.2199 of 2024 stands dismissed.

                                               (ANANDA SEN, J.)


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