Chattisgarh High Court
Rakesh Kumar Beck vs State Of Chhattisgarh on 5 July, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 388 of 2020
• Rakesh Kumar Beck S/o Late Heeralal Beck aged about 30 Years R/o Village Semardarri,
Bilaidand, Police Station Marwahi, District Bilaspur Chhattisgarh.
---- Appellant
Versus
• State of Chhattisgarh, through Police Station Marwahi, District Bilaspur Chhattisgarh.
---- Respondent
05.07.2021 Shri Ram Sajiwan, Advocate for the Appellant.
Shri Amit Singh, Panel Lawyer for the respondent/State.
This matter is heard through video conferencing.
Heard on admission.
Admit.
Also heard on I.A. 01 of 2020, application for suspension of sentence and
grant of bail.
Vide impugned judgment of conviction and order of sentence dated
18.02.2020 passed by the learned Additional Sessions Judge, Pendra Road,
District Bilaspur (C.G.) in S.T. No. 15/2019 the Appellant stands convicted and
sentenced as mentioned below:
Conviction Section In default
Under Section 376 of IPC R.I. for 10 years and fine In default of payment of
amount of Rs.5,000/- fine amount additional
S.I. for 6 months.
Under Section 323 R.I. for 3-3 months and In default of payment of
(twice) of IPC fine amount of Rs. 500/- fine amount addition S.I.
and 500/-. for 15 days.
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. Referring the statements of prosecutrix
(PW-4), her brother namely Dhur Singh (PW-6) and her husband namely Dev
Singh (PW-5), it has been argued by learned counsel that on perusal of their
statements, it appears that entire incident as stated by the prosecutrix is
suspicious. If the case of prosecution is taken as it is, then also it appears that
the prosecutrix was the consenting party.
On the other hand, learned counsel for the State has opposed the bail
application and submissions made in this respect.
Heard both the parties.
I have gone through the entire record and perused the statements of the
witnesses.
After considering the fact that the Appellant is in jail since 16.04.2019 and
appeal will take time to be finalized, 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/- to the satisfaction
of the Trial Court for his appearance before the Registry of this Court on
15.11.2021. 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 him by the said Court, till the disposal of this
appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Chandra
