Chattisgarh High Court
Hobil Masih @ Michel vs State Of Chhattisgarh on 16 June, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No.144 of 2020
Hobil Masih @ Michel S/o Rajesh Masih Aged About 20 Years Village Manad
Nagar, Chowki C S E B, Police Station City Kotwali, District Korba, Chhattisgarh.,
District : Korba, Chhattisgarh
---- Petitioner
Versus
State Of Chhattisgarh Through City Kotwali, Korba, District Korba, Chhattisgarh.,
District : Korba, Chhattisgarh
---- Respondent
16/06/2021 Shri Badruddin Khan, counsel for appellant/s.
Shri Ravish Verma,GA for State.
Heard on application (I.A.No.2) for suspension of sentence and
grant of bail filed by the appellant/s.
Learned counsel for the appellant would argue that the evidence
of prosecutrix, on the face of it, shows that the appellant and the
prosecutrix were entangled and more than once, sexual intercourse
was committed with effect from February, 2018 till 27-04-2018 and the
written report was lodged in the police station only on 05-05-2018 in the
background that when the prosecutrix was enquired from her mother,
she disclosed regarding her relationship that the prosecutrix was
subjected to rape by the appellant. It is further argued that as far as
evidence with regard to age is concerned, the prosecution has failed to
examine the concerned school authority, who has actually recorded the
date of birth in the school records. It is also argued that there is nothing
to show as to on whose declaration, date of birth was recorded and no
other documentary evidence of birth certificate is produced, on the
basis of which, entries were made in the Dakhil Kharij Register of the
School and the parent or any other guardian has not deposed in the
Court that on their statement/declaration, entries of date of birth was
made in the school register.
On the other hand, learned State counsel opposed the prayer for
suspension of sentence and grant of bail by submitting that the
prosecutrix has clearly stated that in February, 2018 and thereafter on
27-04-2018 also, the appellant committed sexual intercourse without
her consent, therefore, this amounts to rape. He would next submit that
the prosecutrix is minor, because as per school records, date of birth of
the prosecutrix is 23-08-2000, which means that on the date of incident,
during the period from February, 2018 till 27-04-2018, the prosecutrix
was around 17 & ½ years of age and she has not completed 18 years
of age.
Having considered the submission of learned counsel for the
parties, particularly taking into consideration the background with regard
to delay in lodging the FIR and before that the prosecutrix was
subjected to sexual intercourse more than one occasion, but no report
was lodged immediately thereafter and further that the evidence of date
of birth of the prosecutrix is based on school records, but author of the
school records have not been examined, as to on what basis entries
were made in the register as also no other documentary evidence
regarding issuance of date of birth certificate by the competent authority
was led by the prosecution and that the appellant is in jail from the date
of impugned judgment, the application for suspension of sentence and
grant of bail filed on behalf of appellant is allowed.
It is directed that the substantive jail sentence imposed upon the
appellant shall remain suspended during pendency of this appeal and
he shall be released on bail on furnishing a personal bond in the sum of
Rs.25,000/- with two local sureties of the like amount to the satisfaction
of the trial Court for his appearance before the concerned trial Court on
26-07-2021 and on all such further dates as may be directed to him,
interval being not less than six months, till final disposal of the appeal.
List this matter for final hearing.
Certified copy as per rules.
SD/- SD/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor )
Judge Judge
Tumane
