Chattisgarh High Court
Ishwar Das vs State Of Chhattisgarh on 25 June, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 135 of 2020
1. Ishwar Das S/o Samar Das Aged About 24 Years,
2. Khem Singh Kanwar S/o Narayan Singh Kanwar Aged About 25 Years,
Both are R/o Village - Deurbhatha, Bhelwatikra, Police Station Kathora, District :
Korba, Chhattisgarh
---- Appellants
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Katghora,
District : Korba, Chhattisgarh
---- Respondent
25.06.2021 Shri S.R.J. Jaiswal, Counsel for the Appellants.
Shri Rajendra Tripathi, PL for the State/Respondent.
Heard on prayer for suspension of sentence and grant of bail filed
by the appellants Ishwar Das and Khem Singh Kanwar.
The appellants have been convicted under the impugned judgment
of conviction and order of sentence dated 17.12.2019 passed by the
learned Second Additional Sessions Judge, Katghora, District - Korba
(Chhattisgarh) in Sessions Trial No.04/2019.
Learned counsel for the appellants would argue that present is a
case of false implication and it is clear from the evidence of the
prosecutrix PW-1 herself wherein she has stated that she had gone
near the school with Sawan Sai and they were seen in a
compromising situation by certain persons and objection were raised.
He further submitted that the prosecutrix has admitted that when
Sawan Sai asked her what had happened with her, whether she was
raped, she stated that nothing happened to her. He next argued that
the prosecutrix never involved the present applicants in the alleged
offence, it is only later on Sawan Sai committed suicide and after 11
days of incident the FIR was lodged by the prosecutrix making
allegation against the applicants that she was ravished by them. The
medical evidence does not support the case of the prosecution as no
evidence has been found in this regard. He further submitted that the
manner in which the prosecutrix has stated, that she did not offer any
resistance in the alleged act of rape committed on her by the accused,
renders highly doubtful that the accused had committed rape. She
also admitted that she did not know the name of the appellant and
some persons who were arrested were taken into custody and
brought into police station stating that they are the present applicants
and thereafter she claimed to be the applicants.
On the other hand, learned State counsel opposes and submits that
the prosecutrix has come out with the evidence that when she and
Sawan Sai were seen in compromising situation by some people and
it was objected and at that time some people/applicants too arrived at
the spot and thereafter she was dragged towards bushes and
subjected to rape, thereafter, she came home.
Considering the submission of learned counsel for the parties
particularly taking into consideration the evidence of the prosecutrix
that she and deceased Sawan Sai were seen in compromising
situation and further that when Sawan Sai later on asked her about
the incident she stated that nothing happened to her and she did not
lodge any report until expiry of 11 days and that to after the death of
the Sawan Sai and the prosecution case is not supported by any
medical evidence and the prosecutrix also stated that she did not offer
any resistance, we are inclined to suspend the jail sentence of the
appellants.
Accordingly, the application is allowed. It is directed that the
substantive jail sentence imposed upon the appellants shall remain
suspended during the pendency of the appeal and each of the
appellants shall be released on bail furnishing a personal bond of
Rs.25,000/- along with two local sureties of the like amount to the
satisfaction of the concerned trial Court, for their appearance before
the concerned trial Court on 16th August, 2021 and all such further
dates as may be directed by the said Court, interval being not less
than 6 months, till final disposal of this appeal.
Post the appeal for final hearing.
Certified copy as per rules.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Yasmin
