RAJESH PAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the appellant Ms. Manjula Upadhyay is present.

(2.) Sole appellant stands convicted for the offence punishable under Ss. 363,366,376(2) (i)/511 of the Indian Penal Code and Sec. 4 read with Sec. 18 of the Protection of Children from Sexual Offences Act by the impugned judgment dtd. 21/1/2019 passed by learned Additional Sessions Judge-I, West Singhbhum at Chaibasa vide Special (POCSO) Case No. 10 of 2018, arising out of Kumdardungi P.S. Case No. 13 of 2018 and has been sentenced to undergo RI for 5 years and fine of Rs.5,000.00 under Sec. 363 of Indian Penal Code and default of fine, RI for 6 months and further sentenced to undergo RI for 6 years and fine of Rs.10,000.00 under Sec. 366 of the Indian Penal Code and in default of fine RI for 6 months, and further sentenced to undergo RI for 6 years and fine of Rs.10,000.00 for the offence under Sec. 376 (2) (i)/511 of the Indian Penal Code and default of fine RI for 6 months by the impugned order of sentence dtd. 23/1/2019.

(3.) I.A. No. 1471 of 2021 has been filed for suspension of sentence on the ground that the appellant is in custody since 31/3/2018 and the maximum sentence imposed upon the appellant is six years. She also submits that she has also filed I.A. No. 3257 of 2021 for early hearing of the appeal, but in spite of best of her efforts, the same appeal has not been fixed for final hearing and there is no likelihood of the final hearing of the appeal at this stage.