IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Randhir Verma, Son Of Late Naresh Verma – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
I.A. No.417 of 2025
1. The instant interlocutory application has been filed under Section 430(1) of the BNSS for suspension of sentence dated 30.09.2024 passed by learned Additional Judicial Commissioner VII, Ranchi in connection with S.T. 600 of 2015 arising out of Kotwali (Sukhdeonagar) P.S. Case No.513 of 2015 whereby and whereunder, the appellant has been convicted for the offence under Sections 376(2)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- and in default of payment of fine, further S.I. for 12 months.
2. Mr. R.S. Mazumdar, learned senior counsel appearing for the appellant, assisted by Mr. Nishant Kumar Roy, has submitted that very falsity of the prosecution version so far as conviction of the appellant under Section 376 of the Indian Penal Code is evident on the face of the prosecution version which is from the mouth of the victim that she, even after the said illegal physical relationship, has solemnized marriage with the appellant and, thereafter, the case has been instituted under Section 498 A of the Indian Penal Code and even the litigation has been initiated by filing application under Secti
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 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 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.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
Conviction under Section 34 of the IPC requires evidence of an overt act; mere presence at the crime scene is insufficient.
Prolonged consensual relationships mitigate claims of rape based on a false promise of marriage, requiring distinct evidence of deception regarding consent.
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.
Consent for companionship does not imply consent to sexual acts; coercion negates any claim of legitimate consent.
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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