RAJAN CHIK BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed for keeping the sentence in abeyance in connection with the judgment of conviction dtd. 17/8/2024 and order of sentence dtd. 19/8/2024 passed by the learned Additional Sessions Judge-I-Special Judge, Lohardaga in connection with Special POCSO Case No. 06 of 2020 arising out of Senha P.S. Case No. 03/2020, whereby and whereunder, the appellant has been convicted under Sec. 4 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 years and a fine of Rs.20,000.00 and in default of payment of fine, he has to further undergo for 3 months' imprisonment; under Sec. 363 of IPC sentenced to undergo Rigorous Imprisonment for 4 years with a fine of Rs.5,000.00 and in default of payment of fine he has to further undergo the imprisonment of 15 days; under Sec. 366 of IPC sentenced him to undergo Rigorous Imprisonment for 6 years with a fine of Rs.10,000.00 and in default of payment of fine, he has to further undergo imprisonment for 1 month.

(2.) It has been contended by the learned counsel appearing for the appellant that it is a case where no case either under Sec. 376 of IPC or Sec. 4 of the POCSO Act is made out, since, there is no conclusive evidence of assessment of age of the victim-girl.

(3.) The age has been assessed by the Medical Board wherein the age has been assessed to be in between 17 to 18 years.