The appellant's conviction under the POCSO Act was upheld as the victim was underage at the time of the offense, notwithstanding the alteration in charges, which did not prejudice the appellant's defense.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 13404 of 2024

Prayer

1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 22.09.2022 passed by the learned Special Judge (POCSO), Jamshedpur in Special (POCSO) Case No. 1325 of 2017 arising out of Sidhgora P.S. Case No.78 of 2017, whereby and whereunder, the appellant has been found guilty and convicted under Sections 376(D), 379 and 411 of the INDIAN PENAL CODE and under Section 6 of the POCSO Act, 2012 and has been sentenced to undergo RI for 25 years and to pay fine of Rs. 50,000/- for committing the offences under Section 376(d) of the INDIAN PENAL CODE and imposed fine amount of Rs. one lakh, and the amount paid to the victim to meet the medical expenses and her rehabilitation and in default of payment of fine, further sentenced to under RI for five years separately; and has further been sentenced to RI for two years and to pay fine of Rs. 2000/- for committing the offence under Section 411 IPC and in default of payment of fine further sentenced to undergo RI for two months separately. All the sentences were directed to run concurrently.

Factual Matrix

2. The prosecution case, in brief, as per the written information by the informant cum victim of this case (P.W.1) is that three years ago from today i.e., since the year 2014, accused Bipul Sharma kept on sexually abusing informant on allurement of marriage. It has further been alleged that taking her in the house of the Subhankar Das (applicant herein) and Bipul Sharma used to make his friends do wrong act with her and also used to make do wrong things by feeding her drugs and Bipul Sharma used to threaten to kill her if she would disclose the said incident to anyone.

3. It has further been alleged that at that time she was aged about 15 years. In the meanwhile, she gave birth to female child and when she could not bear it, she came to her parental home and her mother got her married to Shailendra Deogam at Baridih House No. 567 two months ago where she was living with her husband and baby.

4. After one and half month of solemnization of her marriage, again Bipul Sharma and Shubhankar Das came there and knocked the door and forcibly entered into her matrimonial home and committed rape with her one by one and went away with Motorcycle Nо. JH05BB-4909 of her husband and they caused burn injury in her body with Cigarette. It has further been alleged that both the accused persons are man of highhandedness and they can kill her husband and her brother.

5. On the basis of the written information FIR vide Sidhgora P.S. case No. 78 of 2017 dated 12.05.2017 was registered u/s 376(D), 379 of IPC and Section 8 of the POCSO Act against the present appellant/applicant and one Bipul Sharma.

6. After lodging of FIR, the matter was investigated and after investigation charge-sheet Vide Final Report No. 97 of 2017 dated 30.06.2017 has been filed u/s 376(D), 379, and 411 of the I.P.C and Section 8 of the POCSO Act by the investigating agency against the both the accused persons namely Bipul Sharma and Shubhankar Das.

7. After submission of charge sheet, cognizance was take