Chattisgarh High Court
Bhuvan Verma vs State Of Chhattisgarh on 3 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No.540 of 2020
Bhuvan Verma S/o Shri Bhanupratap Verma Aged About 28 Years R/o Village
Bhendervani, Police Station Saja, District Bemetara Chhattisgarh ---- Appellant
Versus
State Of Chhattisgarh Through Police Station Saja, District Bemetara Chhattisgarh
---Respondent
03/08/2021 Mr. Uttam Pandey, counsel for the appellant/s.
Mr. Ravish Verma, G.A. for the State.
Heard on application for suspension of sentence and grant of bail.
The appellant has been convicted under the impugned judgment of
conviction and order of sentence dated 28.02.2020 passed by Learned Fast
Track Special Court (POCSO Act, 2012), Bemetara (C.G.) in Special Case
No.1/2019 for the offence as follows :
Conviction Sentence
Under Section 376(2) (j) R.I. for 20 years and fine amount of
(n) of IPC Rs.2000/- in default of fine amount,
additional R.I. for 3 years.
Under Section 506 Part II R.I. for 3 years and fine amount of
of IPC Rs.1000/- in default of fine amount,
additional R.I. for 1 year
Under Section 6 of RI for 20 years and fine amount of
Protection of Children RS.2000/-, in default of fine amount,
from Sexual Offences additional RI for 3 years
Act, 2012
Learned counsel for the appellant would argue that the prosecutrix
lodged FIR against the appellant after one year of the alleged rape stating that
during this period, she was subjected to repeated sexual intercourse and the
report has been lodged after she became pregnant, therefore, it is a case of
consent.
The other argument is that even according to the prosecutrix and her
mother, the prosecutrix had a sexual relation with another person and they do
not know whether she conceived because of relation with the appellant or the
other person and report has also been lodged against the other person.
It is next submitted that as far as age part is concerned, oral evidence
and school evidence both had not proved that the prosecutrix on the alleged
date of incident during the period from 2017-2018 was less than 18 years of age
because the school records have not been proved by the author nor is there
any evidence as to on what basis the entries made in the school register and
according to the evidence of Kumari Bai (PW2) mother, Chumman Sahu (PW3)
brother and Khedu Ram Sahu (PW5) another brother, the age of the prosecutrix
is more probable to be more than 18 years of age.
On the other hand, learned State counsel opposes the prayer for
suspension of sentence and grant of bail and argues that not only the
prosecutrix but her mother both have stated that the appellant entered into
sexual intercourse with the prosecutrix against her consent on many occasions
for about 1 year and then report had to be lodged and according to the school
record, the prosecutrix on the alleged date of incident, was less than 18 years of
age, the school records were produced in the Court and entries were made in
the original record have been proved.
Considering the submission of learned counsel for the parties,
particularly taking into consideration the FIR lodged one year after the first date
of incident of alleged rape and when the prosecutrix became pregnant and
further the evidence of the prosecutrix and her mother regarding prosecutrix
having sexual intercourse with another person and unable to say the source of
pregnancy and further taking into consideration the evidence with regard to the
age of the prosecutrix, we are inclined to allow the application.
Accordingly, the application is allowed. It is directed that the substantive
jail sentence awarded to the appellant shall be released on bail on his furnishing
a personal bond of Rs.25,000/- along with two local sureties of the like amount to
the satisfaction of the Trial Court, for his appearance before the concerned Trial
Court on 31st of August, 2021 and on all such further dates as may be directed
during the pendency of this appeal and thereafter in interval which shall not be
less than six months.
List this case for final hearing.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Rekha
