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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Aakash Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This Criminal Appeal has been filed on behalf of the Appellant challenging the judgment of conviction dated 12.03.2025 and Sentence dated 17.03.2025, passed in Special POCSO Case No. 81 of 2023 (Godda Muffasil P.S. Case No. 140 of 2023), by Sri Kumar Pawan, learned Special Judge (Pocso), Godda, by which the Appellant has been convicted for the offence under Section 366 I.P.C. and sentenced to undergo R.I.for Four (04) years and to pay the fine of Rs.10,000/-.
I.A. No. 3718 of 2025
2. The instant Interlocutory Application has been filed on behalf of the Appellant under Section 430 (1) of BNSS, 2023 for suspension of sentence and grant of bail.
3. Heard Mrs. Vani Kumari, learned counsel for the Appellant and Mr. Suraj Deo Munda, learned counsel for the State.
4. It is alleged that the on the morning of 07.08.2023, at about 4.00 a.m. when the Informant woke up, then she found that her daughter aged about 15 years was missing and after enquiry, her neighbor Kunti Devi told her that daughter of the Informant had told her that she will marry with the son of Kunti Devi, i.e. Akash Paswan and then the Informant lodged the written report suspecting that appellant Akash Paswan has enti
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.
The court affirmed the conviction under the POCSO Act, emphasizing the credibility of the victim's testimony and corroborating evidence despite defense claims of a fabricated case.
The court affirmed that substantial evidence and witness testimonies justified the conviction of the appellant under both IPC and POCSO, allowing for bail pending appeal due to his prior good conduct....
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.
Court grants bail due to uncertainties in prosecution case and prolonged appellate process.
The court confirmed that the absence of conclusive evidence affects the conviction while providing bail pending appeal regarding serious charges.
The court considers the credibility of witness statements and the evaluation of evidence concerning minor status in sexual offense cases.
The accused was granted bail based on the absence of prior criminal records, the completing of investigation, and the minor's refusal for medical examination, highlighting the need to weigh individua....
The court determined that the appellant should not be granted bail during appeal due to the serious nature of the alleged crime and victim's vulnerability.
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