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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Sujit Narayan Prasad, Mr. Justice Pradeep Kumar Srivastava, JJ
Pannulal Marandi, S/o. Chhotka Manjhi @ Chotka Manjhi @ Chotka Marandi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 68 of 2025
1. The instant interlocutory application has been filed under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 25.06.2024 and order of sentence dated 03.07.2024 passed by the learned Additional Sessions Judge-III-cum-Special Judge, POCSO Act , Hazaribag in Special POCSO Case No. 19 of 2021 arising out of Charhi P.S. Case No. 61 of 2020, whereby and whereunder, the appellant have been convicted and sentenced to undergo Rigorous Imprisonment for 20 years & a fine of Rs. 20,000/- for the offence punishable under Section 4(2) of the POCSO Act .
2. It has been contended by the learned counsel appearing for the appellant that the conviction is based only upon the ocular evidence. According to the applicant, the doctor has not found any sign of sexual assault said to attract the core of the POCSO Act . Therefore, it is a fit case for the suspending the sentence while the appeal is lying pending.
3. While, on the other hand, Mr. V.S. Sahay, learned Additional Public Prosecutor appearing for the State has vehemently opposed the prayer for suspension of sentence.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
In cases involving sexual assault of minors, the consistent testimony of the victim, corroborated by medical evidence, is sufficient for conviction, and such conviction justifies denial of suspension....
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
The court affirmed conviction based on corroborative evidence from FSL reports, despite contradictions in medical testimony, establishing that consistent witness accounts support the prosecution's na....
The court affirmed the conviction under the POCSO Act, ruling that the trial court properly assessed the competency of the child witness, whose consistent testimony supported the prosecution's case.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
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