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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Shalu Gope, son of Sanjay Gope – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
IA No.10814 of 2024
This instant interlocutory application has been filed for suspension of sentence against the Judgment of conviction dated 15.03.2024 and order of sentence dated 16.03.2024 passed by learned Addl. Sessions Judge-I-cum-Special Judge, POCSO Act, West Singhbhum at Chaibasa, in connection with Special POCSO Case No. 59 of 2022 arising out of Jhinkpani P.S. Case No. 22 of 2022, whereby and whereunder the appellant has been convicted under Sections 363, 366, 376(2)(n) of the IPC and Section 6 of POCSO Act and sentenced to undergo R.I. for 20 years and also directed to pay a fine of Rs.20,000/- and in default of payment of fine, further directed to undergo R.I. for half year under Section 6 of POCSO Act, R.I. for five years with a fine of Rs. 5,000/- and on default of payment of fine, S.I. for two months under Section 363 of IPC, R.I. for 8 years with a fine of Rs. 5000/- under Section 366 of IPC and in default of payment of fine, S.I. for two months, no separate sentence under Section 376(2)(n) of IPC. The sentences were directed to run concurrently.
2. It has been contended on behalf of the appellant that it is a case where the prosecution has miserably failed in
Conviction based solely on examination-in-chief without considering cross-examination violates principles of fairness and transparency in criminal jurisprudence.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
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.
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....
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
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.
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 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.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
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