Jharkhand High Court
Gujua Manjhi Alias Gajju Hansada And Ors vs State Of Jharkhand on 23 September, 2013
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari, P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
Cr. Appeal (DB) No. 412 of 2013
...
1. Gujua Manjhi @ Gajju Hansada
2. Guddu Manjhi @ Guddu Hansada
3. Anand Manjhi Hansada @ Anand Manjhi @ Hansda... Appellants
-V e r s u s-
The State of Jharkhand ... Respondent.
...
CORAM: - HON'BLE MR. JUSTICE NARENDRA NATH TIWARI.
HON'BLE MR. JUSTICE P.P. BHATT.
...
For the Appellants : - Mr. Tejo Mistry, Advocate.
For the State : - A.P.P.
...
03/23.09.2013On receipt of the lower court records, learned counsel for the appellants pressed the appellants' prayer for suspension of sentence and their release on bail during pendency of the appeal.
Learned counsel for the appellants submitted that the appellants' conviction is based on the sole testimony of the prosecutrix, which is not supported by the medical evidence and DNA test report; the prosecutrix has developed the story from one stage to other; she has denied to have put her L.T.I. on the F.I.R.; the appellants are in custody for more than three years.
Learned A.P.P. opposed the appellants' prayer and submitted that the appellants have been convicted for the charge of committing gang rape; the prosecutrix has fully supported the prosecution case; there is no relevance of the medical report and DNA test report in the circumstances of the case.
Regard being had to the facts and materials on record, we are not inclined to release the appellants on bail. Accordingly, appellants' prayer for bail is rejected.
(Narendra Nath Tiwari, J) (P.P. Bhatt, J.) APK