Abhishek Baraik v. …
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 288 of 2023 Abhishek Baraik --- --- Appellant The State of Jharkhand Versus ….... --- --- Respondent CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State
Legal Reasoning
: Mr. Shashi Kr. Verma, A.P.P. I.A. No. 4593 of 2023 03/19.06.2023 Heard learned counsel appearing on behalf of the appellant and the learned A.P.P. appearing on behalf of the State on I.A. No. 4593 of 2023 . 2. It is submitted by learned counsel for the appellant that the instant interlocutory application has been filed for condonation of delay of 12 days in preferring the instant appeal. It is submitted on behalf of the appellant that appellant is in custody from the very inception of the case and since there was no male member in the house of the appellant and further due lack of knowledge and want of informant from the pairvikar and also due to lack of fund, delay has occasioned which is not deliberate or willful default on the part of the appellant. 3. Having considered the submission of learned counsels for the parties and the reasons assigned in the instant interlocutory application, delay is condoned. I.A. No. 4593 of 2023 is allowed. Cr. Appeal (S.J.) No. 288 of 2023 4. It is submitted that the instant appeal is directed against the order dated 17.02.2023 passed in Misc. Criminal Application No. 37 of 2023 in Special (Children) Case No. 03 of 2022 arising out of Rengarih P.S. Case No. 04 of 2021 (G.R. Case No. 359 of 2021), registered for the offence under Section 376 of the IPC by the court of learned Additional Sessions Judge cum –Special Judge (Children Court), Simdega whereby the prayer for bail of the appellant has been rejected. It is submitted on behalf of the appellant that the appellant is a child in conflict with law aged between 16-18 years at the time of occurrence. It is further submitted that appellant is in jail since 11.06.2021. It is further submitted on behalf of the appellant that trial of the case has commenced and the informant – victim, who is aged about 55 years has been examined during course of trial as P.W.1 and the Xerox copy of the certified copy -2- of the deposition has been annexed with the instant memo of appeal from which it appears that she has falsified the case of the prosecution and categorically stated that there had been some altercation with the appellant but he had never committed rape upon her nor he had ever harassed her or tried to outrage her modesty. In view of the testimony of the victim as recorded by the learned trial court during course of trial, it is submitted that appellant may be enlarged on bail. 5. On the other hand learned A.P.P. has opposed the contentions raised by the appellant and stated that it is a case of commission of offence of rape as supported by the prosecutrix in her statement recorded under Section 164 Cr.P.C but he did not deny the fact that the victim has made a categorical statement in her deposition recorded by the learned trial court during course of trial that the appellant has never committed rape upon her. 6. 7. Having heard learned counsel for the parties, perused the record. It is found that appellant is a child in conflict with law and he is in jail custody since 11.06.2021. The gist of the allegation is that this appellant has committed rape upon the victim-P.W.1 aged about 55 years. However, it is found from the xerox copy of the certified copy of the deposition of the victim –P.W.1 as recorded by the learned trial court during trial that the victim has categorically stated that the appellant had never committed rape upon her and thus the entire case of the prosecution gets falsified because of the testimony of the victim. Further, it has also been found that the victim is 55 years old lady and her brother-in-law, who has also been examined on behalf of the prosecution as P.W.2, has also falsified the case of the prosecution. 8. In the backdrop of the aforesaid fact, it is just and proper to enlarge the appellant on bail. Accordingly, the appellant named above is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge cum Special Judge , Children Court, Simdega in connection with Spl. (Children) Case No. 03 of 2002 arising out of Rengarih P.S. Case No. 04 of 2021 corresponding to G.R. Case No. 359 of 2021 subject to the condition as set out under Section 439 of the Cr.P.C and with further subject to the conditions, inter alia as under: -3- i. The father of the appellant will be one of the bailers; ii. The father of the appellant will give an undertaking that he will take proper care and attention of the child and he will admit him in a school for further studies; iii. The Secretary, DLSA is directed to take proper steps for counselling of the child and also facilitate him to get him admitted in a school and also to ensure that he properly attends the school and continue with his studies with the help of Legal cum Probation officer. iv. Any other condition or conditions as the learned Court below may deem it fit and proper in the interest of child. v. Appellant will cooperate in the trial of this case, which is going on and he will remain present on each and every date fixed in this case, failing which, learned court below will pass appropriate order for cancellation of his bail. 9. Accordingly, this criminal appeal is allowed. The impugned order dated 17.02.2023 passed by the court of learned Additional Sessions Judge- cum- Spl. Judge, Children Court, Simdega in Misc. Criminal Application No. 37 of 2023 in connection with Spl. (Children) Case No. 03 of 2002 arising out of Rengarih P.S. Case No. 04 of 2021 corresponding to G.R. Case No. 359 of 2021 is set aside. 10. Let a copy of this order be communicated to the Secretary, DLSA, Simdega, the Principal District Judge cum Chairman, DLSA, Simdega and the Deputy Commissioner cum Vice Chairman, DLSA, Simdega through FAX to ensure that the Secretary, DLSA complies the direction in letter and spirit as passed by this Court without any hindrances and obstacles. A.Mohanty (Navneet Kumar, J.)