SITARAM MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed under Sec. 430(1) of the BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dtd. 2/4/2024 and order of sentence dtd. 3/4/2024 passed by the learned Special Judge (POCSO) Act, Dhanbad in connection with Special POSCO Case No.110 of 2023 arising out of Tundi PS Case No.48 of 2023, whereby and whereunder, the appellant has been convicted under Sec. 376(2)(n) of the IPC and under Sec. 6 of POCSO Act and sentenced to undergo RI for 20 years for the offence under Sec. 6 of POCSO Act and a fine of Rs.10,000.00 for the said offence and in default of payment of fine, further directed to undergo additional imprisonment of one month.

(2.) It has been contended on behalf of the applicant that it is a case where the marriage of the victim has been solemnized with the appellant with the consent of both the parties and thereafter physical relationship has been established. Out of the said physical relationship, the victim has given birth to a female child even prior to their marriage, however, subsequently the marriage has been solemnized and now the appellant in consequence of the conviction in the present case under the aforesaid offences is languishing in judicial custody in order to serve the sentence and, hence, the applicant is also facing difficulty in managing the female child.

(3.) It has also been contended that it is a case where the physical relationship has been established with the consent of the victim and, as such, no offence under Sec. 376(2)(n) of the IPC and under Sec. 6 of POCSO Act can be said to be attracted against the applicant, particularly, the applicant and the victim belong to the tribal community of Santhal Pargana in the State of Jharkhand. It has also been contended that the case has been lodged after lapse of four years.