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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Pradeep Kumar Srivastava, JJ
Sudhir Bhuyian @ Sudhir Mandal @ Thathera, S/o Shree Shivbhajan Bhuyian @ Shivbhajan Mandal – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
I.A. No. 1205 of 2025
1. The instant interlocutory application has been filed under Section 430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 for keeping the sentence in abeyance in connection with order of sentence dated 29th February, 2024 passed by the learned Additional Sessions Judge-III, Chatra (Jharkhand) in Sessions Trial Case No. 90 of 2020 arising out of Hunterganj P.S. Case No. 156 of 2019 corresponding to G.R. No. 37 of 2019, whereby and whereunder, the appellant have been convicted and sentenced with Rigorous Imprisonment for life for the offence Under Section 302 of the IPC with a fine of Rs. 10,000/- and in default of payment of fine, he has to further undergo Rigorous Imprisonment for six months and also sentenced to under Rigorous Imprisonment for 10 years for the offence punishable under Section 376 of IPC.
2. It has been contended by the learned counsel appearing on behalf of the appellant that it is a case where the prosecution has miserable failed with all reasonable doubt reason being that there is wide contradiction in the testimony of the witnesses.
3. It has further been contended that even there is no eye witness to the commission of the offence
The court affirmed that compelling evidence, including witness testimony and DNA analysis, justified the conviction and denied the suspension of the sentence.
The court upheld the conviction for gang rape based on credible victim testimony, ruling that contradictions and co-accused acquittals do not automatically justify sentence suspension.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
Inconsistencies in witness testimony can create reasonable doubt, leading to suspension of sentence pending appeal.
In cases involving sexual assault of minors, the consistent testimony of the victim, corroborated by medical evidence, is sufficient for conviction, and such conviction justifies denial of suspension....
The court upheld the conviction under Section 304(B) IPC, emphasizing that the absence of new grounds and insufficient custody period do not justify suspension of sentence.
The court ruled that the appellant failed to establish a prima facie case for suspension of sentence, as the victim's testimony was corroborated by medical evidence.
The victim's failure to report alleged rapes while living with a co-accused undermines her credibility, warranting suspension of the appellant's sentence pending appeal.
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
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