Chhotu Kaser vs State Of Chhattisgarh
2021 Latest Caselaw 1358 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 344 of 2020

• Chhotu Kaser S/o Jaymangal Kaser Aged About 26 Years R/o Village- Bisahi Podi, Police
  Station- Bhatgaon, District- Surajpur, Chhattisgarh

                                                                                 ---- Appellant

                                        Versus

• State Of Chhattisgarh Through S.H.O., P.S.- AJK, District- Surajpur, Chhattisgarh

                                                                             ---- Respondent

26/07/2021 Shri D.K.Gwalre, counsel for the appellant/s.

Shri Rajendra Tripathi, Panel Lawyer for the State.

Heard on I.A.No.1/20, 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 13/02/2020 passed by the Special Judge (SC / ST Act), Surajpur, District - Surajpur, Chhattisgarh in Special Case No.06/2019.

Learned counsel for the appellant argued that the evidence of the prosecutrix on the face of it, shows that the prosecutrix had gone along with the appellant without creating any hue and cry or offering any resistance. Therefore, it is a case of consent. It is further submitted that the prosecution did not lead any evidence of age of the prosecutrix as entries made in the school daakil kharij register is not proved and there is no evidence so as to make it a piece of evidence and there is no evidence, oral or documentary regarding age of the prosecutrix.

On the other hand, learned State counsel would argue that the evidence of the prosecutrix, coupled with entries made in the school register and also presence of spermatozoa in the FSL report has been made a basis to convict the appellant.

Considering the submission of learned counsel for the parties and taking into consideration the evidence of the prosecutrix and the evidence with regard to age of the prosecutrix, we consider present to be a fit case for suspension of sentence and grant of bail. Therefore, I.A.No.1/20 is allowed.

Accordingly, the substantive jail sentence awarded to the appellant is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned Trial Court for his appearance before the concerned Trial Court on 13/09/2021 and on all such further dates as may be directed, interval being not less than 6 months, during the pendency of this appeal.

List this matter for final hearing.

Certified copy as per rules.

                          Sd/-                                     Sd/-

            ( Manindra Mohan Shrivastava )               (Vimla Singh Kapoor)
                       Judge                                     Judge




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