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2025 Supreme(Jhk) 275

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., PRADEEP KUMAR SRIVASTAVA, J.
Injmamul Haque @ Inzamamul Haque, Son Of Shamsad Ali – Appellant
Versus
The State Of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Sahni
For the Respondent: Pankaj Kumar

JUDGMENT :

I.A. No. 4778 of 2024

1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 20.03.2024 passed by the learned Special Judge (POCSO Act), Bokaro in Special POCSO Case No. 16 of 2023 whereby and whereunder, the appellant was directed to undergo R.I. for 7 years and fine of Rs.5,000/- and in default of payment of fine S.I. for 3 months and further R.I. for 20 years with fine of Rs.10,000/- and in default, to undergo S.I. for 6 months under sections 17/6 of POCSO Act.

2. It has been contended on behalf of the appellant that there is no allegation said to be direct in nature, so far as the offence said to be committed by the present appellant to attract the ingredient of section 6 of POCSO Act.

3. Learned counsel for the appellant has submitted that if the entire story as per the prosecution version even will be accepted then also there is no allegation of commission of sexual assault by the present appellant but even then the appellant has been convicted under section 17/6 of POCSO Act along with Sections 366A, 376(3) r/w 34 of the I.P.C.

4. Learned counsel for the appellant, on the aforesaid premise, has submitted that it

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