Title: Anil saw v. State of Jharkhand
Decided on: 4th October 2023
Cr. Appeal (DB) No. 336 of 2023
Coram: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD & HON’BLE MR. JUSTICE NAVNEET KUMAR
Introduction
A division bench in the Jharkhand High Court recently granted bail to an accused in a POCSO case stating that no evidence of sexual assault was found in the victim’s statement recorded under Section 164 CrPC.
Facts of the Case
The appellant is a convict under Sections 366, 376(2)(n) of the Indian Penal Code and under Section 6 of the POCSO Act. He was sentenced to Rigorous Imprisonment for five years and fine of Rs. 2000 for the offence under section 366 IPC, in case of default of fine amount additional imprisonment for fifteen days and Rigorous Imprisonment for twenty years and fine of Rs. 5000 for the offence punishable under Section 6 of the POCSO Act, in case of default of fine amount additional imprisonment of one month. Both sentences were directed to run concurrently. An interlocutory application was filed under Section 389 (1) of the Code of Criminal Procedure on behalf of appellant, seeking suspension of sentence during the pendency of the appeal after suspending the impugned order of sentence dated 25.01.2023 passed by the Special Judge-POCSO Act, Dhanbad in Spl. POCSO Case arising out of Chirkunda Police station.
Court Analysis and Decision
An objection affidavit was filed by state counsel that the prosecution has miserably failed to prove the charge, beyond all reasonable doubt, as per the finding of trial Court. There was no reference for commission of sexual assault as per the statement of victim under Section 164 Cr.P.C.. But the victim subsequently changed its version by stating that she was subjected to sexual assault 2-3 times. It was contended that the girl even before the ivestigating officer has not uttered a word about commission of sexual assault by the appellant. it is a case where the version of the girl appears to be improved as per the testimony recorded in course of trial and therefore, it is a fit case where the sentence is to be suspended.
It appears after going through the statement recorded under section 164 Cr.P.C, that there is no reference of commission of sexual assault. However, in course of trial, the victim on Court query has deposed that she was subjected to sexual assault 2-3 times. Investifating officer has denied that, mother of the victim has said about commission of sexual assault against her daughter. It also appeared that the doctor has not corroborated about the commission of sexual assault. Considering the facts and circumstances of the case, the Interlocutory Application was allowed and the appellant was directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties. The judge has made it clear that these observations would not prejudice the case of the prosecution on merit since the appeal is lying pending for its consideration.
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Written by- K R Bhuvanashri
