Chattisgarh High Court
Guduwa @ Rajnarayan vs State Of Chhattisgarh on 3 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 386 of 2021
Guduwa @ Rajnarayan S/o Ramayan Paswan, aged about 36 years, R/o Village Bada
Police Station Shankargarh, District: Balrampur- Ramanujganj Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh through Police Station: Kusmi, District : Balrampur, Chhattisgarh
---- Respondent
03.08.2021 Mr. Amarnath Pandey, Counsel for the Appellant.
Mr. Ghanshyam Patel, G.A. for the State/Respondent.
Heard on I.A. No. 01/2021, an application for suspension of sentence
and grant of bail to the Appellant.
By the impugned judgment date 04.03.2021 passed in Sessions Case
(POCSO) No.19/2016 by the Additional Session Judge, Fast Track, Special
Judge (POCSO Act) Ramanujganj, District: Balrampur (C.G.) the Appellant
stands convicted as mentioned below:
Conviction Sentence In Default
U/s 06 of POCSO Act, RI for 10 years with a In default of payment of
2012 fine amount of fine amount additional RI
Rs.10,000/- for 06 months.
Learned counsel for the Appellant submits that the Appellant has been
wrongly convicted by the Trial Court in the judgment without there being any
sufficient evidence available on record. He submits that on perusal of the
statements of prosecutrix and her father, it is well established that prosecutrix
was a consenting party and prosecutrix has also stated that at the time of
incident she was 19 years of age. He also submits that the prosecutrix is
residing in the house of the Appellant along with their son. He lastly submits
that during trial the Appellant was on bail and after the judgment of the Trial
Court he is in jail since 04.03.2021. Hence, it is prayed that his application be
allowed.
On the other hand, Learned counsel for the State has opposed the bail
application and submissions made in this respect.
Heard both the parties and perused the record of the Trial Court.
After perusing the impugned judgment, statements of witnesses and
particularly considering that victim girl and her son both are residing at the
house of the Appellant and further considering the fact that during trial the
Appellant was on bail and he has not misused the liberty given to him, for
these reasons, I am of this opinion that it will be proper to release the Appellant
on bail during the pendency of this appeal.
Execution of substantive jail sentences imposed upon the appellant
shall remain suspended during the pendency of this appeal and he shall be
released on bail on executing a personal bond for a sum of Rs.25,000/- with
one solvent surety for the like sum to the satisfaction of the Trial Court for his
appearance before the Registry of this Court on 30.11.2021. He shall
thereafter appear before the Trial Court on a date to be given by the Registry of
this Court and shall continue to appear there on all such subsequent dates as
are given to them by the said Court, till the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
