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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Haliya Swanshi @ Satyanarayan Swanshi son of Sanatan Swanshi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. interlocutory application details and conviction background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for the appellant's bail and suspension. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. opposition's stance on bail application during appeal. (Para 13 , 14 , 15) |
| 4. court's balancing the principles of law with the case particulars. (Para 16 , 18 , 19 , 20 , 21) |
| 5. consent in pocso cases is immaterial for minors. (Para 22 , 23 , 24 , 25) |
| 6. judicial precedent on minors and consent in sexual offences. (Para 26 , 27 , 28 , 29) |
| 7. victim's testimony and corroboration of age. (Para 30 , 31 , 32 , 33 , 34) |
| 8. implications of consent and the burden of proof in pocso. (Para 35 , 36 , 37 , 38) |
| 9. final order on the interlocutory application. (Para 39 , 40 , 41 , 42) |
Sujit Narayan Prasad, J.
I.A. No. 7523 of 2025:
1. The instant interlocutory application has been filed under Section 4 30 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 28.09.2024 and order of sentence dated 30.09.2024 passed by the learned A.J.C.-IV-cum-Special Judge, POCSO, Ranchi in POCSO Case No. 127 of 2022 arising out of Tamar P.S
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