Patna High Court - Orders
Sajan Kumar vs The State Of Bihar on 23 August, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.487 of 2024
Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA P.S District- West Champaran
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Sajan Kumar, Son of Lalan Thakur, Resident of Village - Ilamram Chowk,
P.S. - Bettiah Nagar, Distt.- West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Siddharth Harsh, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
4 23-08-2024We have heard Mr. Sidhharth Harsh, the learned Advocate for the appellant and Mr. Ajay Mishra, the learned APP for the State on the issue of suspension of sentence during the pendency of the appeal.
2. The written objection is on record.
3. The appellant has been convicted under Sections 376D/120B of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, vide judgment dated 28.02.2024 passed by the Patna High Court CR. APP (DB) No.487 of 2024(4) dt.23-08-2024 2/5 learned Additional Sessions Judge-VI, Bettiah (West Champaran) in S.G.R. No. 106 of 2019, C.I.S. POCSO No. 107 of 2019 arising out of Bettiah Mahila P.S. Case No. 14 of 2019. By order dated 06.03.2024, he has been sentenced to undergo R.I. for twenty years, to pay a fine of Rs.10,000/- and in default of payment of fine, to further suffer R.I. for one month for the offence under Section376D/120B of the IPC; to undergo R.I. for twenty years, to pay fine of Rs.10,000/- and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 4 of the POCSO Act, 2012 and to undergo R.I. for twenty years, to pay fine of Rs.10,000/- and in default of payment of fine, to further suffer R.I. for one month for the offence under Section 6 of the POCSO Act, 2012. The sentences have been ordered to run concurrently.
4. The victim (P.W.9) has alleged that while she was going to her aunt's place for Patna High Court CR. APP (DB) No.487 of 2024(4) dt.23-08-2024 3/5 sleeping, she was lifted from in front of her house in a vehicle which was being occupied by four persons. All four of them were masked. However, when the mask of two of the miscreants fell down, the other two also removed their masks voluntarily. She identified all the four including the appellant/Sajan. She has alleged to have been raped in the moving car, thereafter, she was left at the school in which she was studying.
5. While pressing for suspension of sentence of the appellant/applicant/Sajan Kumar, Mr. Harsh has argued that from the tenor of the evidence of the victim as also of others, it would become very obvious that the victim knew each and every of the accused persons, especially Akash with whom she was in an affair. The appellant is the elder brother of afore-noted Akash. The other ground urged on behalf of the appellant is that in the CDR tower location, it could be detected that the victim Patna High Court CR. APP (DB) No.487 of 2024(4) dt.23-08-2024 4/5 had talked with Akash several times. The appellant has been framed in this case only because within that time period, he also had a talk with Kundan Kumar, one of the co-convict.
6. We are not at all satisfied with the arguments advanced on behalf of the appellant, especially for the purposes of suspension of sentence.
7. The prayer for suspension of sentence of the appellant is rejected.
8. However, taking into account that the appellant is in custody for about five years by now, as also the mandate of Section 374 (4) of the Cr.P.C., we direct the Registry of this Court to prepare the paper book and get this case listed for hearing in the third week of November, commencing from 11th of November, 2024 within first ten cases. Patna High Court CR. APP (DB) No.487 of 2024(4) dt.23-08-2024 5/5 (Ashutosh Kumar, J) (Jitendra Kumar, J) manoj/sunil-
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