Patna High Court - Orders
Akbar Ansari @ Sonu vs The State Of Bihar on 12 October, 2023
Author: Shailendra Singh
Bench: Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.689 of 2023
Arising Out of PS. Case No.-130 Year-2021 Thana- KARPI District- Jehanabad
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AKBAR ANSARI @ SONU, S/o Sher Mohammad Ansari, R/o Village-
Baghara, P.S.- Karpi, District- Arwal.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Prabhat Kumar, Advocate
For the Respondent/s : Mr.Abhay Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 12-10-20231. Heard the parties.
2. This appeal has been preferred against the judgment of conviction dated 30.11.2022 and order of sentence dated 05.11.2022 passed by the Court of learned ADJ VIth
-cum-Special Judge POCSO, Jehanabad, in connection with POCSO Case No. 60 of 2021, arising out of Karpi P.S. Case No. 130 of 2021, whereby and whereunder the appellant has been convicted for the offence(s) punishable under Section(s) 363, 366(A) of the Indian Penal Code and Section 4 of POCSO Act and sentenced for the said offences.
3. Learned counsel for the appellant presses the Patna High Court CR. APP (SJ) No.689 of 2023(3) dt.12-10-2023 2/4 prayer for bail made by the appellant in the memo of appeal under Section 389(1) of Cr.P.C.
4. The main submissions advanced by learned counsel for the appellant are that the appellant stood charged for the offences under Sections 376, 363, 366-A of the Indian Penal Code and Section 4 of POCSO but the trial court did not convict the appellant for the offence punishable under Section 376 of the Indian Penal Code as the so-called victim denied to undergo medical examination and in the FIR, lodged by victim's father the victim's age was disclosed as 18 years and admittedly, the victim has appeared in matriculation examination but during trial, her matriculation certificate was not produced but her middle school certificate was produced and exhibited which is not reliable and the so-called victim and her family members did not produce the victim's matriculation certificate with malafide intention before the trial court to conceal the victim's actual age. Further submission is that as per victim's evidence, she was taken to Patna and Delhi by this appellant and she lived with the appellant in a rented house and admittedly she had occasions to interact with the owner of the rented house as well as several other persons in course of travelling but she did not make any resistance against the Patna High Court CR. APP (SJ) No.689 of 2023(3) dt.12-10-2023 3/4 alleged act of the appellant while she had sufficient opportunity to resist the appellant's act and all these circumstances are sufficient to draw the inference that the allegation in the FIR have been falsely levelled against the appellant. Further submission is that the appellant has been languishing in jail since 31.07.2021 and there is no chance of early hearing of this appeal and the alleged offfence of Section 4 of POCSO Act is not made out because as per the FIR, the victim had attained majority at the time of commission of the alleged offence.
5. Learned APP has opposed the bail prayer of the appellant.
6. Considering the above submissions and taking into account the custody period of the appellant as well as unlikelihood of the appellant's appeal to be taken up for hearing in near future, this court is inclined to accept the bail prayer of the appellant. Accordingly, let the appellant named-above be enlarged on bail during the pendency of this appeal on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ VIth -cum-Special Judge POCSO, Jehanabad, in connection with POCSO Case No. 60 of 2021, arising out of Karpi P.S. Case No. 130 of 2021 Patna High Court CR. APP (SJ) No.689 of 2023(3) dt.12-10-2023 4/4
7. The realization of the fine of sentence shall remain suspended during pendency of this appeal.
8. List this appeal under appropriate heading in due course.
(Shailendra Singh, J) Rajiv/-
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