Shivcharan Mahto @ Shivcharan Yadav vs The State Of Jharkhand
2026 Latest Caselaw 936 Jhar

Jharkhand High Court

Shivcharan Mahto @ Shivcharan Yadav vs The State Of Jharkhand on 10 February, 2026

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Appeal (S.J) No. 1047 of 2025
Shivcharan Mahto @ Shivcharan Yadav ......           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 : Mr. Niranjan Kumar, Advocate For the State : Mr. Sardhu Mahto, APP

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th 04/Dated:10 February, 2026 I.A. No.16198 of 2025

Perused the Lower Court Records.

2. This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction and sentence dated 12.11.2025 passed in Special POCSO Case No.21 of 2025, arising out of Devipur P.S. Case No.117 of 2024 by Sri Rajendra Kumar Sinha, learned Special Judge, POCSO Act, Deoghar by which the appellant has been convicted for the offences under Section 74 of BNS and Section 8 of the POCSO Act and sentenced to undergo R.I. for three (03) years and to pay the fine of Rs.5,000/- for the offence under Section 8 of the POCSO Act.

The Trial Court has observed that punishment under section Section 8 of the POCSO Act is greater degree than the punishment under section 74 of BNS and as such the learned Trial Court has sentenced the appellant only under section 8 of the POCSO Act and sentenced him to undergo R.I. for three (03) years and to pay the fine of Rs.5,000/-

3. However, the learned Trial Court has acquitted the appellant for the offences under Sections 126(2)/115(2)/351(2)/352 of BNS.

4. I.A. No.16198 of 2025 has been filed on behalf of the appellant for confirmation of provisional bail granted by the Trial Court on 12.11.2025 till 12.12.2025, during pendency of the present Criminal Appeal.

5. The provisional bail of the appellant was extended by this Court vide order dated 19.01.2026 subject to service of notice upon Respondent No.2 and filing of counter affidavit by the State.

6. The Lower Court Record has been received.

7. None appears for the Respondent No.2, when the case is called out.

8. Under the circumstances, the provisional bail granted to the appellant-Shivcharan Mahto @ Shivcharan Yadav by the learned Trial Court is confirmed.

9. Thus, I.A. No.16198 of 2025 is allowed and stands disposed of.

Cr. Appeal (S.J) No. 1047 of 2025

10. Admit.

11. Office is directed to issue notice upon the Respondent No.2 by Speed Post with A/D.

(Sanjay Prasad, J.) Dated: 10.02.2026 Saket/-