SUBHANKAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dtd. 22/9/2022 passed by the learned Special Judge (POCSO), Jamshedpur in Special (POCSO) Case No. 1325 of 2017 arising out of Sidhgora P.S. Case No.78 of 2017, whereby and whereunder, the appellant has been found guilty and convicted under Ss. 376(D), 379 and 411 of the Indian Penal Code and under Sec. 6 of the POCSO Act, 2012 and has been sentenced to undergo RI for 25 years and to pay fine of Rs.50,000.00 for committing the offences under Sec. 376D of the Indian Penal Code and imposed fine amount of Rs..00one lakh, and the amount paid to the victim to meet the medical expenses and her rehabilitation and in default of payment of fine, further sentenced to under RI for five years separately; and has further been sentenced to RI for two years and to pay fine of Rs..002000/- for committing the offence under Sec. 411 IPC and in default of payment of fine further sentenced to undergo RI for two months separately. All the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, as per the written information by the informant cum victim of this case (P.W.1) is that three years ago from today i.e., since the year 2014, accused Bipul Sharma kept on sexually abusing informant on allurement of marriage. It has further been alleged that taking her in the house of the Subhankar Das (applicant herein) and Bipul Sharma used to make his friends do wrong act with her and also used to make do wrong things by feeding her drugs and Bipul Sharma used to threaten to kill her if she would disclose the said incident to anyone.

(3.) It has further been alleged that at that time she was aged about 15 years. In the meanwhile, she gave birth to female child and when she could not bear it, she came to her parental home and her mother got her married to Shailendra Deogam at Baridih House No. 567 two months ago where she was living with her husband and baby.