Rajendra Das vs State Of Chhattisgarh
2021 Latest Caselaw 2395 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 566 of 2021
  • Rajendra Das S/o Radhedas Panika, Aged About 19 Years R/o Village
    Baknakala, Police Station Lundra, District Surguja Chhattisgarh, District : Surguja
    (Ambikapur), Chhattisgarh
                                                                         ---- Appellant
                                      Versus
  • State Of Chhattisgarh Through Station House Officer Of Police Station Darima,
    District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
                                                            ---- Respondent

17-09-2021 Mr. Roop R Naik, counsel for the appellant/s.

Mr. Rajendra Tripathi, PL for the State/respondent.

Heard on I.A. No. 01/2021 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 15.03.2021 passed by the

Additional Sessions Judge (FTC) Surguja (Ambikapur), CG in Sessions

Trial No. 88/2018.

Learned counsel for the appellant would argue that the learned trial

Court having held that the prosecutrix was major on the date of alleged

commission of offence could not have convicted the appellant in view of

clear evidence of the prosecutrix herself that she had a long standing affair

with the appellant for more than one year and that she in the cross-

examination stated that she did not want to marry the appellant. Therefore,

it cannot be said that on false pretext of marriage the appellant committed

rape on her.

On the other hand, learned State counsel would submit that the

prosecutrix has clearly stated that the prosecutrix had entered to the sexual

relationship with the appellant and then she came to know that the

appellant was married and when she asked the appellant about the

marriage, the appellant left her.

Having considered submission of learned counsel for the parties,

particularly taking into consideration that the finding of the trial Court that

the prosecutrix was major, she had long standing affair with the appellant

for more than one year and what has been stated by her in the cross-

examination, we are inclined to allow the application and suspend the jail

sentence and grant bail.

Accordingly, the application is allowed. It is directed that the

substantive jail sentence imposed upon the appellant shall remain

suspended during the pendency of the appeal and he shall be released on

bail furnishing a personal bond of Rs. 25,000/- with two local sureties of the

like amount to the satisfaction of the concerned trial Court, for his

appearance before the concerned trial Court on 28th October, 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



Pawan Prajapati