IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Varun Singh, Son Of Mangal Singh – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
I.A. No. 12523 of 2024
The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for suspension of sentence of the appellant in connection with the judgment of conviction dated 31.07.2024 and order of sentence dated 05.08.2024 passed in S.T. 234 of 2018 arising out of Lalpur P.S. Case No. 300 of 2017 by the learned Additional Judicial Commissioner-VII, Ranchi whereby and where under, the appellant has been convicted for the offence punishable under Sections 376/506 of the IPC and Section 66(D)/67/67(A) of the I.T Act and has been sentenced to undergo RI. for 10 years with a fine of Rs. 10,000 under Section 376 IPC and a default sentence of S.I. for 12 months; R.I. for 1 year under section 506 of IPC ; R.I. for 3 years with a fine of Rs. 20,000/- under Sections 66(D) of the I.T. Act with a default sentence of S.I. for 6 months; R.I. for 3 years with a fine of Rs.20,000/- under Section 67 of the I.T. Act with a default sentence of S.I. for 6 months and R.I. for 3 years with a fine of Rs.50,000/- under Section 67(A) of the I.T. Act with a default sentence of S.I. for 6 months . All the sentences were directed to run concurrently.
2. Learned couns
The court found mutual consent in the relationship, questioning the basis of blackmail allegations, and granted bail due to the appellant's prolonged custody exceeding half of the sentence.
The victim's admission of consent complicates the prosecution's case under Section 376(2)(n) of the IPC, warranting suspension of the appellant's sentence during appeal.
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.
The existence of a marriage and subsequent litigation initiated by the victim undermines the applicability of rape charges under Section 376 of the IPC.
The prosecution must prove charges beyond reasonable doubt; failure to substantiate one charge affects the credibility of related charges.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
The absence of conclusive proof of the victim's age and the consensual nature of the relationship justified the suspension of the sentence under the POCSO Act.
The prosecution must establish charges beyond reasonable doubt; mere recovery of a weapon without corroborating evidence is insufficient for conviction.
Consent for sexual relations is not valid if obtained through deceit regarding marriage, requiring clear evidence of non-consensual elements, especially considering the duration of the relationship.
Suspension of sentence granted in light of the applicant's prior relationship with the victim and backlog of appeals, balancing the gravity of the offences with the rights of the accused.
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