2026:JHHC:20880-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1362 of 2018 Bonj Tiu, son of Late Gojan Tiu, aged about 40 years, resident of village Sindri, P.0. & P.S. Muffasil, District- West Singhbhum at Chaibasa. …. --- Appellant Versus The State of Jharkhand …. --- Respondent --- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD --- For the Appellant: Mr. Sanjay Kr. Singh, Advocate For the Respondent-State: Mr. Bhola Nath Ojha, Spl. PP --- 08 / 14.07.2026 The instant appeal is directed against the Judgment of conviction and order of sentence dated 28.09.2018 passed by learned Additional Sessions Judge-III, West Singhbhum at Chaibasa, in G.R Case (POCSO) No. 04 of 2014 arising out of Muffasil P.S. Case No.17 of 2014 by which the appellant has been convicted under section 376(2) of the Indian Penal Code (IPC) and under Section 6 of Prevention of Sexual offences against children and has been directed to undergo rigorous imprisonment (RI) for 12 years for the offence under Section 376(2) IPC with fine of Rs.10,000/- and in default of payment of fine, further one year S.I. has been ordered but, no separate sentence has been passed under Section 6 of POCSO Act. 2. Learned counsel appearing for the appellant has submitted that the sole appellant is in custody since 03.02.2014. As such, the submission has been made that he as of now has already completed 12 years of sentence. He has further submitted that if that be so then he will not press the appeal. 3. Mr. Bhola Nath Ojha, learned Special Public Prosecutor has informed this Court on the basis of the custody period as available with him that the appellant has already completed 12 years of sentence and he has also been released from the custody on 02.01.2024. 4. A hard copy of the said custody certificate issued by the Superintendent, Central Jail, Ghaghidih, Jamshedpur has been placed before this Court for its perusal. 2 5. Perused the hard copy of the said report. 6. Learned counsel appearing for the appellant, therefore, has submitted that he is not pressing the appeal in view of the fact that the appellant has already been released from judicial custody on completion of, the sentence inflicted upon him, on 02.01.2024. 7. Accordingly, the instant appeal stands disposed of based upon the submission made on behalf of the learned counsel for the appellant. 8. A copy of the communication dated 09.09.2024 as contained in Memo No. 6446 issued under the signature of Superintendent, Central Jail, Ghaghidih, Jamshedpur addressed to the learned Advocate General of this Court is being kept on record. 9. This Court after going through the judgment impugned has found that the quantum of compensation has since been found to be meager and as such a direction has been issued to the Secretary, DLSA, Chaibasa to award sufficient compensation under Section 357 A of the Cr.PC which is required for rehabilitation of the victim. 10. For ready reference, the part of the aforesaid judgment is being referred herein:- “Considering the above submissions advanced on behalf of both sides. I am of the opinion that imposition of sentence without considering its effects on the social order particularly where it relates to offences involving moral turpitude or moral delinquency, sexual assault which has great impact on the social order the court cannot lost sight and hence, it requires to dealt strongly. Considering the above facts as well as having regard to the principle of alternative punishment as laid down U/S 42 of the POCSO Act, which mandates that in case of an act or omission constitute an offence punishable under this act as well as under IPC, the convict shall be held liable for punishment which is greater in degree. This court finds it expedient to impose sentence the convict as U/S 376 (2) of IPC 12 (Twelve) years Rigorous Imprisonment and Fine of Rs.10,000/- and in default of fine 01 (one) Year S.I. is also hereby imposed. U/S 6 of POCSO Act in view of section 42 of the Act no separate sentence is required. Period undergone shall be set off according to law. Whole fine amount shall be 3 given to the Victim. Since the aforesaid is very meager, therefore, Secretary, D.L.S.A., Chaibasa is hereby directed to award sufficient compensation U/S 357 A of the Cr.P.C., which is required for rehabilitation of the victim.” 11. Learned Special Public Prosecutor representing the State, therefore, is directed to seek instruction and file affidavit on the aforesaid issue as to whether the sufficient compensation has been awarded or not. 12. For the aforesaid purpose, the case is being directed to be listed after two weeks i.e. on 30.07.2026 under the heading ‘For Orders’. (Sujit Narayan Prasad, J.) (Sanjay Prasad, J.) Date: 14.07.2026 RKM