Smt. Sita Thapa vs State Of Chhattisgarh
2021 Latest Caselaw 2569 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                  CRA No. 267 of 2020
  • Sunil Bahadur @ Sunil Sharma S/o Balbir Singh Permanent Address Rajnagar
    Basti Baba Keyar Moktala Police Station Rajnagar District Jalandhar (Punjab)
    Present Address Mana Mod Police Station Mana District Raipur Chhattisgarh.
                                                                      ---- Appellant
                                       Versus
  • State Of Chhattisgarh Through The Station House Officer Mana District Raipur
    Chhattisgarh.                                           ---- Respondent

with

CRA No. 466 of 2020 • Smt. Sita Thapa W/o Sunil Bahadur @ Sunil Sharma Aged About 30 Years Presently R/o Mana Modh , Police Station Mana , District Raipur Chhattisgarh.

---- Appellant Versus • State Of Chhattisgarh Through The District Magistrate , Raipur Chhattisgarh.

---- Respondent

27-09-2021 Mr. A.N. Pandey, counsel for the appellant/s in CRA No. 267/2020.

Mr. Varunedra Mishra, counsel for the appellant/s in CRA No.

466/2020.

Mr. Rajendra Tripathi and Mr. Anshuman Shrivastava, PL for

respective respondents/State.

Heard on prayer for application for suspension of sentence and

grant of bail in both appeals.

The appellants have been convicted under the impugned judgment

of conviction and order of sentence dated 10.01.2020 passed by the

Additional Sessions Judge First Fast Track Special Court Raipur, CG in

Special Criminal Case No. 71/2019.

Learned counsel for the appellant Sunil Bahadur would argue that the allegation of commission of rape by the prosecutrix who is the daughter

of the appellant are improbable and more appear to be an act of false

implication for the reason that the appellant had beaten her in the past and

therefore, the false story has been prepared against the appellant. The

medical report does not show presence of any sign of recent sexual

intercourse and the prosecutrix has stated that earlier she had lodged a

report against another person that she was subjected to rape. The

appellant has undergone three years of jail sentence and therefore, at this

stage, he may be granted bail.

Learned counsel for the appellant Sita Thapa would argue that the

allegation are only against co-accused Sunil Bahadur and Sita Thapa is

the mother of the prosecutrix and the evidence against her only shows that

she was afraid of disclosing but, later on, she had left her daughter - the

prosecutrix, in a 'Balika Grah'.

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

evidence of the prosecutrix and presence of old torn hymen shows that the

prosecutrix who was aged 10 years, was subjected to rape by her own

father and because of threat she was not in a position to disclose until she

was brought in a Balika Grah where authorities were informed about long

standing sexual exploitation. He would further submits that his mother Sita

Thapa did not inform the matter to the police which clearly shows that she

was also involved in the alleged commission of offence.

Considering the submission of learned counsel for the parties, as far

as, appellant Sunil Bhadur is concerned, taking into consideration the

statement of the prosecutrix and the medical evidence, we are not inclined

to grant bail to this appellant and therefore, suspension application filed in

CRA No.267/2020 is rejected.

However, we are inclined to grant of bail to appellant Sita Thapa -

the mother against whom the accusation was that she was afraid to

disclose in the incident and was only allowed the daughter to be admitted

in Balika Grah, her application for suspension of sentence and grant of bail

is allowed filed in CRA No.466/2020

Substantive jail sentence imposed on the appellant Sita Thapa shall

remain suspended during the pendency of the appeal and she 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 her appearance before the concerned trial Court on 08th November,

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 these appeals for final hearing.

Certified copy as per rules.

                                Sd/-                                        Sd/-
                  (Manindra Mohan Shrivastava)                     (Vimla Singh Kapoor)
                              Judge                                         Judge




Pawan Prajapati