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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ
Athnas Xaxa – Appellant
Versus
The State Of Jharkhand – Respondent
ORDER :
I.A. No. 281 of 2025
1. The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for suspension of sentence dated 30.04.2024 passed by the learned Additional Sessions Judge-I-cum-Special Judge ( POCSO Act ), Simdega in POCSO Case No.10 of 2021, in connection with Kersai P.S. Case No.03 of 2021 corresponding to G.R. No. 185 of 2021, whereby and whereunder, the appellant has been sentenced to undergo RI for 20 years under Section 376AB of the Indian Penal Code with fine of Rs. 20,000/- and in default of payment of fine RI for 06 months.
2. It has been contended on behalf of appellant that it is a case where the prosecution has miserably failed in establishing the charge against the appellant since there is wide contradiction in between the testimonies of the witnesses more particularly in the testimony of informant [P.W. 4]. It has been submitted that even the fact about commission of rape has not been corroborated by the doctor, who has been examined as P.W. 7.
3. Learned counsel for the appellant based upon the aforesaid ground has submitted that it is a fit case for suspension of sentence.
4. While on the other hand, Mr. Vishwanath Roy, learne
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.
Inconsistencies in witness testimony can create reasonable doubt, leading to suspension of sentence pending appeal.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
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.
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emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
The victim's failure to report alleged rapes while living with a co-accused undermines her credibility, warranting suspension of the appellant's sentence pending appeal.
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.
Conviction based solely on examination-in-chief without considering cross-examination violates principles of fairness and transparency in criminal jurisprudence.
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