Jharkhand High Court
Aakash Paswan vs The State Of Jharkhand on 8 May, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 302 of 2025
With
I.A. No. 3718 of 2025
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Aakash Paswan ..... Appellant
Versus
The State of Jharkhand ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mrs. Vani Kumari, Advocate
For the State : Mr. Suran Deo Munda, A.P.P.
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03/08.05.2025 This Criminal Appeal has been filed on
behalf of the Appellant challenging the judgment of
conviction dated 12.03.2025 and Sentence dated
17.03.2025, passed in Special POCSO Case No. 81 of
2023 (Godda Muffasil P.S. Case No. 140 of 2023), by Sri
Kumar Pawan, learned Special Judge (Pocso), Godda, by
which the Appellant has been convicted for the offence
under Section 366 I.P.C. and sentenced to undergo R.I.
for Four (04) years and to pay the fine of Rs.10,000/-.
2. The instant Interlocutory Application has
been filed on behalf of the Appellant under Section 430 (1)
of BNSS, 2023 for suspension of sentence and grant of
bail.
3. Heard Mrs. Vani Kumari, learned counsel
for the Appellant and Mr. Suraj Deo Munda, learned
counsel for the State.
4. It is alleged that the on the morning of
07.08.2023, at about 4.00 a.m. when the Informant woke
up, then she found that her daughter aged about 15 years
was missing and after enquiry, her neighbor Kunti Devi
told her that daughter of the Informant had told her that
she will marry with the son of Kunti Devi, i.e. Akash
Paswan and then the Informant lodged the written report
suspecting that appellant Akash Paswan has enticed her
minor daughter with an intention to marry her.
5. It is submitted by learned counsel for the
Appellant that the impugned judgment and sentence
passed by the learned Court below are illegal, arbitrary
and not sustainable in the eye of law. It is submitted that
the victim girl was examined as P.W.1 and she admitted
during her evidence that she had voluntarily gone with
the appellant to Kolkata and lived there for about one
month. She further stated that she wants to live with the
Appellant and she has not even gone to the house of her
mother. It is submitted that the victim girl was not
medically examined and she was above 16 years of age on
the date of lodging the F.I.R. It is submitted that the
appellant was in custody from 21.09.2023 to 14.06.2024
during the trial, i.e. for around 9 months. Thereafter, he is
in custody since 12th March, 2025, i.e. about two months
and hence, he may be enlarged on bail.
6. On the other hand, learned A.P.P. has
opposed the prayer for bail and submitted that the
Appellant had enticed the minor daughter of the
Informant on the pretext of marriage. It is submitted that
the informant while examined as P.W.2, has fully
supported the case, whereas even P.W.3 and P.W.4 and
P.W.5, who are the two brothers and sister of the victim
girl respectively, have also supported the prosecution
case. It is submitted that the victim girl was minor, aged
about 15-16 years on the date of occurrence and hence,
prayer for bail of the Appellant may be rejected.
7. Having heard learned counsel for both
sides and from perusal of Lower Court Records, it appears
that the victim girl, i.e. the daughter of the Informant, was
found missing from her residence on 07.08.2023 and the
Informant had lodged F.I.R. against the Appellant in
suspicion for enticing her daughter for the purpose of
marriage.
8. It appears from the evidence of P.W.1, i.e.
the Victim Girl that she had voluntarily gone to the house
of the Appellant at Kolkata as she was acquainted with
him and where she lived for about one month and when
they returned from Kolkata to their house, then the
Appellant was taken into custody by the Police. She also
stated that she got married to the Appellant in a Temple
at Kolkata and she could not be medically examined as
she had not given her consent and her signature on the
medical requisition slip is marked as Ext.2. Even during
cross-examination she stated that her age was shown less
in school by her family members and she and the
Appellant were living in separate rooms and there is no
relationship like husband and wife. She had come for
evidence in this case from Women Rehabilitation Centre,
Deoghar and she does not want to live with her parents
and she has shown her age 19 years.
9. From perusal of the statement of the
victim girl recorded under Section 164 Cr.P.C. on
21.09.2023, it would appear that she, on her own, had
gone to Kolkata alone by taking train from Jasidih railway
station and where she got married to Appellant-Akash
Paswan in a temple.
10. From perusal of the evidence of P.W.2, i.e.
the Informant (Mother of the victim girl), it would appear
that after institution of the case the appellant and victim
had gone to the police station themselves and thereafter,
Informant had gone to the police station on the next day,
but she could not talk with the Victim Girl. Even during
her cross-examination, P.W.2 stated that she had not met
with the victim girl after the occurrence and she is not on
talking terms with the victim girl after the occurrence and
the victim girl is residing at a Women Rehabilitation
Centre at Deoghar. She also stated that she had instituted
the case against the appellant on the instruction of his
mother Kunti Devi (i.e. the mother of the appellant), which
appears to be improbable.
11. Considering the inconsistences in the
evidence and the facts and circumstance of the case, the
sentence awarded to the Appellant, namely Aakash
Paswan, is hereby suspended during pendency of this
Criminal Appeal and the Appellant, namely Aakash
Paswan is directed to be released on Bail, on furnishing
bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Sri Kumar Pawan, learned Special Judge (Pocso),
Godda/or his Successor Court in connection with Special
POCSO Case No. 81 of 2023, arising out of Godda
Muffasil P.S. Case No. 140 of 2023.
12. Thus, I.A. No. 3718 of 2025 is allowed and
stands disposed of.
(Sanjay Prasad, J.)
s.m.
