Samu Soren @ Garban Soren vs The State Of Jharkhand
2025 Latest Caselaw 1734 Jhar

Jharkhand High Court

Samu Soren @ Garban Soren vs The State Of Jharkhand on 15 January, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Criminal Appeal (S.J.) No. 374 of 2005
                         ---------

Samu Soren @ Garban Soren ..... Petitioner Versus

1.The State of Jharkhand

2.Victim X ..... Respondents

----------

CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

---------

For the Petitioner : Ms. Sonal Sodani, Advocate For the State : Mr. Azeemuddin, A.P.P.

---------

11/15.01.2025 Although the judgment in this case was reserved by a Co-ordinate Bench (Hon'ble Mr. Justice Deepak Roshan) of this Court on 27.09.2023, but it could not be pronounced and this Court vide order dated 18.10.2024 had observed for placing the matter before an appropriate Bench with permission of Hon'ble the Chief Justice. Thereafter, by the administrative order dated 10.01.2025, Hon'ble the Chief Justice has assigned the instant appeal to this Court, as such the matter is being heard today.

2. It appears that the appellant had been convicted for the offence under Section 366 and 376 of I.P.C. and sentenced to undergo R.I. for Seven (07) years and Seven (07) years respectively with the direction that both the sentences shall run concurrently. However, when the criminal appeal was filed before this Court, the Informant has not been added as a party in this case.

3. Under the circumstances, learned counsel for the appellant is directed to implead the Victim Girl 'X' through her guardian as Respondent No.2 in this case during course of the day.

4. Let Notice be issued to the Victim Girl 'X' (who was a minor girl at the time of occurrence) through her Guardian, through the Superintendent of Police, Chaibasa in the light judgment of the Hon'ble Supreme Court in "Nipun Saxena and another v. Union of India and others" reported in (2019) 2 Supreme Court Cases 703 and service of Notice upon the Guardian of the Victim Girl 'X' be produced before this Court by filing counter affidavit by the learned A.P.P.

5. Put up this case on 4th March, 2025.

6. In the meantime, learned A.P.P. must file counter affidavit with regard to service of Notice upon the Guardian of the Victim Girl 'X'.

7. Let a copy of this order be sent to the learned A.P.P. & be also sent to the Office of the Senior Superintendent of Police, Chaibasa by Fax at once by the Office

(Sanjay Prasad, J.) s.m.