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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ
Kumar Gaurav, S/o. Late Panchu Raut – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant interlocutory application has been filed on behalf of appellant under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence passed in connection with the judgment of conviction dated 12.12.2022 and sentence dated 13.12.2022 passed in Sessions Trial No.162 of 2017 by learned Additional Sessions Judge-IX-cum-FTC (CAW), Deoghar, whereby and whereunder, the appellant has been convicted under Section 304(B)/34 of the I.P.C. and sentenced to undergo rigorous imprisonment of 10 (ten) years alongwith fine of Rs.10,000/- and in default of fine, further directed to undergo S.I. for 06 months.
2. Mr. A.K. Kashyap, learned senior counsel appearing for the appellant has submitted that although the prayer for suspension of sentence has been dealt with by this Court as would be evident from the order dated 01.03.2023 passed in I.A. No. 844 of 2023 but some facts need to be brought to the notice of this Court and that is the reason the second interlocutory application being I.A. No. 9455 of 2024 has been filed for suspension of sentence as the ingredient of Section 304B is not attracted so far as it relates to the demand of dowry said to be t
The court upheld the conviction under Section 304(B) IPC, emphasizing that the absence of new grounds and insufficient custody period do not justify suspension of sentence.
The court ruled that the appellants demonstrated insufficient overt acts contributing to the crime, allowing for bail pending appeal.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
The court allowed the suspension of sentence for the appellant, emphasizing the importance of evaluating the duration of custody and justifying the conviction under relevant laws.
The court recognized that an appellant's significant duration of custody can justify the suspension of sentence in light of delays in appeal proceedings.
Suspension of sentence granted due to lack of specific evidence against the appellant and completion of nine years of imprisonment, highlighting the importance of attributability in criminal convicti....
The court upheld the conviction for gang rape based on credible victim testimony, ruling that contradictions and co-accused acquittals do not automatically justify sentence suspension.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
Evidence of a prolonged relationship can influence the decision for suspending a sentence under IPC provisions, particularly where the victim's testimony supports the defense.
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