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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Suken Singh Sardar @ Sukhen Singh Sardar Son of Jogeshwar Singh Sardar – Appellant
Versus
State of Jharkhand – Respondent
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.1827 of 2023 ------
Suken Singh Sardar @ Sukhen Singh Sardar, Aged about 26 years, Son of Jogeshwar Singh Sardar, Resident of Pure Silli, P.O. & P.S.
Chandil (Kapali), District-Seraikella-Kharsawan.
…. …. Appellant Versus The State of Jharkhand .... .... Respondent CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SANJAY PRASAD ------
06/Dated: 19.02.2025 I.A. No.9748 of 2023 Per Sujit Narayan Prasad, J.
1. The instant interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure, for suspension of sentence dated 10.06.2022 passed by the learned Special Judge, POCSO Act, Seraikella-Kharsawan, in connection with POCSO Case No.52 of 2019, arising out of Chandil P.S. Case No.106 of 2019, whereby and whereunder, the appellant has been convicted for the offence under Sections 323, 341, 342, 354, 354A, 354B read with Section 34 of the IPC, Sections 376-D, 395, 504/34 & 506/34 of the IPC and Section 6 & 10 of the POCSO Act and sentenced to undergo R.I. for life along with fine of Rs.20
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
The court affirmed that consent is irrelevant if the victim is a minor, emphasizing that credible evidence, especially concerning age, is paramount in cases under the POCSO Act.
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 ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
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 statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
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