Mubarak Mian Alias Ansari Vs. State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 237 of 2013 Mubarak Mian @ Ansari ......Appellant Versus The State of Jharkhand ….Respondent ----- Coram:HON’BLE MR. JUSTICE NARENDRA NATH TIWARI : HON'BLE MR. JUSTICE P.P. BHATT ---- For the Appellant : Mr. Mahesh Tewari, Advocate For the State : APP --- 05/16-09-2013 On receipt of Lower Court Records, learned counsel for the appellant pressed for appellant's prayer for suspension of sentence and his release on bail. Mr. Mahesh Tewari, learned counsel for the appellant, submitted that the appellant's conviction is based on contradictory ocular testimony; the prosecution case is not supported by the medical evidence; only prosecutrix has supported the case of commission of rape by this appellant; she has made contradictory statement at different stages; I.O. has not been examined in this case; there is no other evidence on record to establish the charge against the appellant. Learned APP opposed the appellant's prayer and submitted that the appellant has been convicted for the charges under sections 376 and 379 of the Indian Penal Code on the basis of the consistent evidence of the victim lady and corroborative evidence of other witnesses; the report of medical examination conducted after 4 days in such case has no relevance; there is direct allegation and cogent evidence against the appellant. Regard being had to the facts and materials on record, we are not inclined to release the appellant on bail. His prayer for bail is, accordingly, rejected. ( Narendra Nath Tiwari, J) (P.P. Bhatt, J) Rakesh/