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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Deepak Kumar Das @ Deepu Kumar Das @ Deepak Das – Appellant
Versus
The State Of Jharkhand – Respondent
ORDER :
IA No.6968 of 2024
This instant interlocutory application has been filed for suspension of sentence against the Judgment of conviction dated 25.06.2024 and order of sentence dated 28.06.2024 passed by learned Special Judge, POCSO Act, Giridih, in connection with POCSO Case No. 88 of 2021 arising out of Dumri P.S. Case No. 46 of 2021, whereby and whereunder the appellant has been convicted under Sections 342, 354, 354A, 376(3) of the IPC and Section 4/8 of POCSO Act and sentenced to undergo imprisonment for life along with fine of Rs.20,000/- under Section 4 of the POCSO Act and further directed to undergo R.I. for a period of 6 months in default of payment of fine, and under Section 8 of POCSO Act, R.I. for 5 years along with fine of Rs. 10,000/- and in case of default of payment of fine, further directed to undergo R.I. for six months under Section 354 of IPC, R.I. for three years along with fine of Rs. 5000/- and in case of default of payment of fine further R.I. for three months and under Section 342 of IPC, R.I. for one year. No separate sentence has been passed under Section 354-A and 376(3) of IPC and all the sentences were directed to run concurrently. Period already u
Suspension of sentence is justified where reasonable doubt exists regarding the prosecution's case, particularly considering the victim's mental state and circumstances surrounding the FIR.
The court established that delays in reporting and inconsistencies in testimony can impact the credibility of the prosecution's case, influencing decisions on bail and sentence suspension.
The court upheld the conviction for sexual offenses based on credible victim testimony and corroborative medical evidence, stating that delay in identification does not negate the validity of the pro....
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
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 ruled that the appellant failed to establish a prima facie case for suspension of sentence, as the victim's testimony was corroborated by medical evidence.
A prima facie evaluation necessitates bail when conflicting evidence undermines the prosecution’s case.
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.
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