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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Sumit Kumar Paswan @ Sumit Paswan @ Guddu Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This Criminal Appeal has been filed on behalf of the appellant by challenging the judgment of conviction dated 03.10.2024 and sentence dated 04.10.2024 passed by the learned Special Judge, POCSO Act, Dhanbad by which the appellant has been convicted for the offence under Sections 8 and 12 of the POCSO Act and sentenced to undergo R.I for four (04) years and to pay the fine of Rs. 5,000/- for the offence under Section 8 of the POCSO Act and R.I for three (03) years and to pay the fine of Rs. 2,000/- for the offence under Section 12 of the POCSO Act.
I.A No. 4798 of 2025
2. I.A No. 4798 of 2025 has been filed on behalf appellant for suspension of sentence and for grant of bail during pendency of this Criminal Appeal.
3. The victim girl aged around 17 and half years had submitted written application before the Officer-in-Charge on 09.03.2024 alleging therein that the appellant Sumit Kumar Paswan @ Sumit Paswan @ Guddu Paswan used to tease her forcibly while she used to go to her college alone and used to see her with bad intention and threatened her to the extent that she cannot become of anyone else except him due to which, she was so scared that she left her college. However,
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 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.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
Court grants bail due to uncertainties in prosecution case and prolonged appellate process.
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