Jharkhand High Court
Basant Mahto vs State Of Jharkhand on 5 March, 2025
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 743 of 2024
Basant Mahto, son of Krishna Mahto, aged about 60 years, resident of Village
Khamhi, Tola Motiyakhala, P.O. & P.S. Patan, District Palamau
--- --- Appellant
Versus
State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate
Mr. Ayush Deb, Advocate
For the State : Mr. Shailesh Kr. Sinha, A.P.P.
I.A. No. 1735 of 2025
03/05.03.2025 Heard learned Senior Counsel for the appellant and the
learned A.P.P. representing the State.
2. The instant interlocutory application has been filed for
suspension of sentence of the appellant by enlarging him on bail
during pendency of the instant criminal appeal, which has been
preferred against the judgment of conviction dated 05.10.2024 and
order of sentence dated 09.10.2024 passed in Special POCSO Case
No. 08 of 2023 arising out of Patan P.S. Case No. 114 of 2022 by
the learned Exclusive Special Judge, POCSO Act, Palamau at
Daltonganj whereby the appellant has been convicted for the
offence punishable under Section 363 of the IPC and has been
sentenced to undergo R.I. for 7 years with a fine of Rs.25,000/- and
default sentence of R.I. for 3 months.
3. It is submitted on behalf of the appellant that though the
appellant was charged for the offence punishable under Section
366A, 376DA & 506 of the IPC and Section 6 r/w Section 5(g) of
the POCSO Act and Section 3(1)(w) of the SC & ST (PoA) Act but
after conducting full fledged trial appellant has been convicted only
for the offence punishable under Section 363 of the IPC, while the
appellant has been acquitted from rest of the charges. It is further
submitted that appellant is in custody since 27.12.2022.
4. It has further been pointed out that there is significant
improvement in the statement of the victim, who did not whisper
about the commission of sexual assault or any kind of ravish upon
her in her statement made under Section 164 Cr.P.C which was
recorded on 15.12.2022 after 3 days of incident which had occurred
on 11/12.12.2022. But in her deposition recorded during course of
trial she has stated that accused persons including the appellant
committed wrong with her by one after another in the stage of
unconsciousness, due to which blood started oozing from her
urinary tract and as such she cannot be considered as a reliable
witness and without ascertaining the truthfulness of entire
deposition of victim in holistic manner, the learned Trial Court
convicted the appellant under Section 363 of the IPC, which is
bailable in nature but acquitted the appellant from the rest of the
charges as aforesaid. In this view of the matter, it is prayed that
appellant be enlarged on bail by suspending his sentence during
pending of this appeal.
5. On the other hand, learned A.P.P. appearing on behalf of the
State has opposed the contentions raised by the appellant but did not
controvert the fact that appellant has been acquitted of the charges
under Sections 376DA & 506 of the IPC and Section 6 r/w Section
5(g) of the POCSO Act and Section 3(1)(w) of the SC & ST (PoA)
Act due to lack of cogent and reliable evidence since there is no
whisper by the victim about rape in her statement recorded under
Section 164 Cr.P.C.
6. Heard the parties, perused the record of the case including the
trial court record, depositions of witnesses and other exhibits.
7. In view of the persuasive submission advanced by the learned
Senior Counsel for the appellant, it is found just and proper to
enlarge the appellant on bail.
8. Accordingly, the appellant named above is directed to be
2 Cr. Appeal (SJ) No. 743 of 2024
released on bail on furnishing of bail bond of Rs.25,000/- (Rupees
Twenty Five thousand) with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Judge, POCSO Act,
Palamau at Daltonganj in connection with Special POCSO Case No.
08 of 2023 arising out of Patan P.S. Case No. 114 of 2022 .
9. I.A. No. 1735 of 2025 is allowed.
(Navneet Kumar, J.)
A.Mohanty
3 Cr. Appeal (SJ) No. 743 of 2024
