Chattisgarh High Court
Bunty Rajak @ Sagar vs State Of Chhattisgarh on 22 September, 2021
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No.298 of 2021
Bunty Rajak @ Sagar S/o Santosh Rajak Aged About 20 Years R/o Kududand, Gayatri
Mandir Chowk P. S. Civil Lines, District Bilaspur Chhattisgarh ---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines District
Bilaspur Chhattisgarh ---- Respondent
22.09.2021 Shri Vivek Sharma, counsel for the Appellant.
Shri Rajendra Tripathi, Panel Lawyer for the State.
Heard on IA No.01/2021, an application for suspension of
sentence and grant of bail.
The Appellant has been convicted for the offence punishable under
Sections 363, 366 and 376 IPC and sentenced to undergo RI for 7 years,
10 years and imprisonment for life with fine respectively vide judgment of
conviction and order of sentence dated 30.12.2020 passed in Special
Criminal Case (POCSO Act) No.129/2018 by learned Additional Sessions
Judge, Second Fast Track Special Court, Bilaspur (CG).
Learned counsel for Appellant would submit that this is a case of
consent as the Prosecutrix has, in her cross-examination, stated that
nothing wrong has happened to her and therefore, the allegation of
commission of rape on the Prosecutrix becomes doubtful. He would
further submit that as far as the evidence with regard to the age of the
Prosecutrix is concerned, the school authority, who produced the record
of her age, is neither the author of the Department, nor is there any
evidence produced by the prosecution nor any declaration given by her
father nor by any other guardian of her and even the birth certificate
issued by the concerned authority has not been produced, therefore,
requirement of proof of date of birth is lacking. He would further submit
that the Appellant is in jail since 3 years, therefore, the jail sentence
imposed upon him may be suspended.
On the other hand, learned counsel for the State opposed the
application. He submits that even though the author of the school
authority with regard to the date of birth has not been examined, but there
is an oral evidence with regard to the proof that the Prosecutrix was a
minor at the time of the date of incident and therefore, she had gone
along with the accused. He would further submit that the medical
evidence proves that the Prosecutrix is not habitual to sexual intercourse
and therefore, the present Appellant is not entitled to be released on bail.
Taking into consideration the submissions made by learned
counsel for the parties, particularly taking into consideration the evidence
led by the prosecution to prove the date of birth of the Prosecutrix, the
fact that the Appellant is in jail since 2 years, we consider it to be an
appropriate case for suspension of sentence and grant of bail to the
Appellant.
Accordingly, the application is allowed. It is directed that the
substantive jail sentence imposed upon the Appellant shall remain
suspended during pendency of the Appeal and he shall be released on
bail on his furnishing a personal bond for a sum of Rs.25,000/- along 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 28 th
October 2021 and on all such further dates as may be directed by the
said Court, interval being not less than six months, till final disposal of this
Appeal.
Post this Appeal for final hearing.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Smt Vimla Singh Kapoor)
Judge Judge
Priya
