The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.

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 ------

For the Appellant : Mrs. Rashmi Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl. P.P.

------

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.20,000/- and in default of payment of fine, he has further been directed to undergo S.I.

for two years, R.I. for six years along with fine of Rs.8,000/- and in default of payment of fine, he has further been sentenced to undergo S.I. for one year, R.I. for one year along with fine of Rs.800/- and in default of payment of fine, he has been directed to undergo S.I. for ten days . He has further been sentenced to undergo S.I. for one month along with fine of Rs.300/-/- and in default of payment of fine, he has to undergo S.I. for three days.

2. He has further been sentenced to undergo R.I. for one year along with fine of Rs.800/- and in default of payment of fine, he has to undergo S.I. for ten days. He has further been sentenced to undergo R.I. for four years along with fine of Rs.5000/- and in default of payment of fine, he has to undergo S.I. for six months and he has further been sentenced to undergo R.I. for ten years along with fine of Rs.10,000/- and in default, he has to undergo S.I. for one year and all the sentences have been directed to run concurrently.

Factual Matrix

3. The case of the prosecution on the basis of written report of the informant/victim, addressed to the Officer in-charge of Kapali O.P. on 29.08.2019 alleging therein that she was aged about 17 years and 10 months. On 28.08.2019 at about 8:45 P.M. she along with Arshdeep left Lalaji Hotel, Sakchi, Jamshedpur in his Fortuner vehicle no. JH05CH0012 for Marine Drive, Kapali Area and arrived there around 9:30 P.M. where Arshdeep told her that his vehicle was not starting.

4. In the meantime, two persons arrived and very soon 10 more persons also arrived there. They attempted to snatch the keys of the Fortuner vehicle and she shifted to the second row of the seat from the first row, out of fear. She has alleged that the miscreants pulled her out and started to take her towards the forest. She could hear the name of one boy named Munna who was being called by other miscreants and claimed that she could identify him. They dragged her towards the bushes near the river where three accused sexually harassed and raped her and the remaining accused persons outraged her modesty, tortured and teased her.

5. She has further alleged that in that course they pulled and threw her red coloured pantie with