Darshan Kumar Sarvaiya vs State Of Chhattisgarh
2021 Latest Caselaw 2401 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 1979 of 2019

• Darshan Kumar Sarvaiya, S/o Suresh Sarvaiya, Aged about 23 years, R/o
  Purana Rawanbhatha, Ward No. 16, District- Mahasamund (C.G.).

                                                                      ---- Appellant

                                   Versus

• State of Chhattisgarh, through- District Magistrate- Raipur, District- Raipur
  (C.G.).

                                                                  ---- Respondent

17.09.2021 Mr. C.R. Sahu, counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent. Heard on admission.

Admit.

Also heard on I.A. No. 01/2019, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 06.12.2019 passed in Special Criminal Case No. 205/17 by the Special Judge (Atrocities), Raipur (C.G.) the appellant stands convicted as mentioned below:

                   Conviction              Sentence             In Default

              u/S 363 of IPC        RI for 03 years and In       default      of
                                    fine    amount    of payment      of     fine
                                    Rs.500/-.           amount       additional
                                                        RI for 01 month.
 u/S 366 of IPC        RI for 03 years and In       default      of
                      fine   amount      of payment     of     fine
                      Rs.500/-.             amount     additional
                                            RI for 01 month.

u/S   376(2)(ढ)    of RI for 10 years and In    default         of
                      fine   amount     of payment of          fine
IPC
                      Rs.500/-.             amount     additional
                                            RI for 01 month.

u/S    06   of    the RI for 10 years and In       default      of
POCSO Act, 2012       fine   amount      of payment     of     fine
                      Rs.500/-.             amount     additional
                                            RI for 01 month.

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. He submits that from the perusal of statement of the prosecutrix (PW-01), it appears that she was the consenting party. With regard to age of the prosecutrix, it is further argued by learned counsel for the appellant that there is no conclusive evidence on the basis of which it can be established that at the time of alleged incident the prosecutrix was below 18 years of age. He further submits that the appellant is in jail since 06.12.2019 and during trial he was on bail and not misused the liberty granted to him and appeal is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed the bail application.

Heard both the parties.

Perused the statement of the witnesses and other materials available on record. After going through the statement of the prosecutrix and other evidence with regard to the age of the prosecutrix and further considering the fact that the appellant is in jail since 06.12.2019 and during trial he was on bail and not misused the liberty granted to him, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

On 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. 20,000/- with one solvent surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 10.12.2021. 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 its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant