Chattisgarh High Court
Hasan @ Deepak Aditya vs State Of Chhattisgarh on 6 January, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 247 of 2021
• Hasan @ Deepak Aditya, S/o Munnaram Aditya, Aged about 23 years, R/o Village
Kahrapara Kikirada, Police Station- Birra, District Janjgir Champa (C.G.).
---- Appellant
Versus
• State of Chhattisgarh, through- Station House Officer, Police Station- Birra, District-
Janjgir Champa (C.G.).
---- Respondent
06.01.2022 Ms. Madhunisha Singh, counsel for the Appellant.
Mr. Sudeep Verma, Dy. G.A. for the State/Respondent.
Heard on I.A. No. 01/2021, application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 23.01.2021 passed in
Special Sessions Case No. 29/2019 by the learned Special Judge,
(POCSO Act, 2012), Janjgir Champa (C.G.), the appellant stands
convicted as mentioned below:
Conviction Sentence In Default
U/s 363(3) of the RI for 20 years and In default of payment of
IPC fine amount of fine amount additional RI
Rs.1000/-. for 01 year.
U/s 506 Part-II of RI for 03 years and In default of payment of
the IPC fine amount of fine amount additional RI
Rs.500/-. for 03 months.
Learned counsel for the appellant submits that the conviction of
the appellant by the learned trial Court is erroneous and without
evidence of prosecution beyond reasonable doubt. There is a clear
delay of about six months in lodging the FIR. The incident had
occurred on 15.10.2018 whereas the FIR was lodged on 20.05.2019.
Further the prosecutrix has made certain admissions in her cross-
examination which make her an unreliable witness. The prosecution
has failed to prove the age of the prosecutrix that the prosecutrix was
minor on the date of incident. The date of birth as mentioned in the
entry in the school register is doubtful because the mark-sheet of
Class-3 which was produced in prosecution evidence has been
contradicted by the statement of the prosecutrix herself who has
admitted in her cross- examination that she never studied in Class-3
in the school. Further there is a discrepancy on the basis of
admission made by the father of the prosecutrix namely Munnaram
Kumhar (PW-02) that the date of birth of the prosecutrix in Aadhar
Card is different from the date which is mentioned in the school
register, therefore, it is a case of false implication. It is also submitted
that there had been a love affair between the prosecutrix and the
appellant regarding which document has been produced. Hence, it is
prayed that his application may be allowed.
On the other hand, learned counsel for the State has opposed
the bail application and submissions made in this respect. He further
submits that the prosecution has proved its case beyond reasonable
doubt. The delay in lodging the FIR has been sufficiently explained by
the prosecutrix (PW-01) and also her father namely Munnaram
Kumhar (PW-02). There is proof of age of the prosecutrix presented
by father of the prosecutrix has clearly stated date of birth about
29.09.2005 and same is in the statement of the prosecutrix (PW-01)
and this is accordingly mentioned in the school register which has
been proved by the Pincipal of the school namely Dashrath Pali (PW-
09). Therefore, it is clearly that the prosecutrix was minor of age
about 14 years on the date of incident. Her any affair or any love
relationship with the appellant cannot be taken into consideration, it is
a clear case of conviction of offence and the conviction is sustainable,
therefore, the application may be rejected.
Heard.
Considering on the submissions made by the learned counsel
for the parties, perused the record of the trial Court and evidence of
the witnesses mainly the evidence of the prosecutrix (PW-01) and her
father (PW-02), we are of the considered view that it is not a fit case
where such an application should be allowed.
Application (I.A. No. 01/2021) for suspension of sentence and
grant of bail is accordingly rejected.
List this case for final hearing in its due course.
Sd/- Sd/- Sd/-
Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
Vasant
