IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Johan Nag, Son Of Sri Neta Nag – Appellant
Versus
The State Of Jharkhand – Respondent
ORDER :
IA No.11519 of 2024
1. The said instant interlocutory application has been filed on behalf of the appellant for suspension of sentence in connection with POCSO Case No.03 of 2021 corresponding to Murhu P.S. Case No. 122 of 2020 against the judgment of conviction and order of sentence dated 03.12.2022 passed by learned Sessions Judge, Khunti, whereby and whereunder the appellant has been convicted under 452, 323, 341, 354, 376, 504, 506/34 of the IPC, 1860 and under Section 4/6 of POCSO Act and sentenced the appellant to undergo R.I. for three years for offence under Section 452 IPC along with fine of Rs.10,000/-. The appellant was further sentenced to undergo imprisonment for six-six months each for the offences under Section 323, 504 and 506 of IPC. The appellant was further sentenced to undergo imprisonment for one month for offence under Section 341 IPC. The appellant was further sentenced to undergo R.I. for five years along with fine of Rs.10,000/- for offence under Section 354 IPC. The appellant was further sentenced to undergo R.I. for twenty years along with fine of Rs.10,000/- for offence under Section 6 of POCSO Act and in default of payment of fines, the appellant
The court upheld the conviction under sexual assault laws despite challenges regarding the victim's age, emphasizing the credibility of the victim's testimony.
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.
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
The assessment of age under the POCSO Act requires definitive documentation, and without it, establishing culpability is not achievable; consent plays a critical role in applying IPC provisions.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's 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.
The court refused to consider the victim's consent due to the established age of the victim and the applicant's previous offenses under the POCSO Act.
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.
The court may suspend a sentence if doubts arise regarding the conviction, particularly concerning the proof of the victim's age and the validity of consent.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
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