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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Vikash Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(SANJAY PRASAD, J.)
This Criminal Appeal has been filed on behalf of the Appellant challenging the judgment dated 07.02.2025 and Sentence dated 10.02.2025, passed in Sessions Trial No.12 of 2019, by the learned Addl. Sessions Judge-I-cum-Special Judge, F.T.C., Ramgarh, by which the Appellant has been convicted for the offence under Section 366-A of I.P.C. and sentenced to undergo R.I. for 4 (Four) years and to pay the fine of Rs.2,000/-.
I.A. No. 4298 of 2025
2. The instant Interlocutory Application has been filed under Section 430 (1) of BNSS, 2023 for suspension of sentence and grant of bail.
3. It is alleged that the appellant, namely Vikash Kumar, had enticed the minor girl of the Informant on 15.09.2018, while she had left her house for tuition at around 03.00 p.m.
4. Heard Mr. Nikhil Ranjan, learned counsel for the Appellant and Mr. Sanat Kr. Jha, learned counsel for the State.
5. It is submitted by the learned counsel for the Appellant that the impugned judgment and sentence passed by the learned Court below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the victim girl had voluntarily gone with the appellant and remained in the house
The court ruled that the victim's age and lack of resistance were pivotal in suspending the sentence and granting bail, questioning the conviction under Section 366-A.
The court ruled that inconsistencies in the victim's testimony and evidence regarding her age and consent warranted the suspension of the appellant's sentence during the appeal process.
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