Banti Singh Jatav vs State Of Chhattisgarh
2022 Latest Caselaw 3731 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 716 of 2019

 Banti Singh Jatav S/o Mahendra Singh, aged about 23 years R/o Faizganj, Behra, Ward
 No. 2, Police Station: Faizganj, Civil and Revenue District: Badayu, Uttar Pradesh.

                                                                         ---- Appellant

                                     Versus

 State of Chhattisgarh Acting through Officer-in-Charge, Police Station: Saja, Civil and
 Revenue District: Bemetara, Chhattisgarh

                                                                       ---- Respondent

14.06.2022 Mr. Vipin Singh, Counsel for the appellant.

Mr. Gurudev I. Sharan, G.A. for the State/Respondent.

Pursuant to order dated 11.05.2022 of this Court, father of the

victim is present today before this Court. On being asked, he has

opposed the bail application preferred by the appellant.

Heard I.A. No.2/2022, an application for suspension of

sentence and grant of bail to the appellant.

The instant is the second bail application for suspension of

sentence and grant of bail to the appellant. First bail application was

dismissed as withdrawn with liberty to revive the same after six

months vide order dated 11.08.2021.

By the impugned judgment date 04.04.2019 passed in Special

Case No.11/2018 by the learned Special Judge (FTC), Bemetara, District: Bemetara (C.G.), the appellant stands convicted as

mentioned below:

Conviction Sentence In Default

U/s 363, 366-A, 496 RI for 5 years with a In default of payment of IPC fine amount of of fine amount Rs.500/-. additional RI for 3 months.

U/s 376 (2) of IPC     RI for 10 years with a In default of payment
                       fine    amount      of of    fine     amount
                       Rs.500/-.              additional RI for 3
                                              months.

U/s 6 of the POCSO RI for 10 years with a In default of payment Act, 2012 fine amount of of fine amount Rs.500/-. additional RI for 3 months.

All the sentences will run concurrently.

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 and clinching evidence available

on record. He submits that from the statements of victim PW-7, it

appears that she was the consenting party, and she herself left her

house and joined the company of the appellant, and also visited and

stayed along with the appellant with her own will. Learned counsel

further submits that there is no any conclusive evidence available on

record on the basis of which it can be said that at the time of

incident, the victim was below 18 years of age. On perusal of the statements of Dr. Anamika Minj (PW-10), it is established that the

victim's hymen was intact, and there was no evidence of recent

intercourse, therefore, it is submitted by the counsel that the

offence under Section 6 of POCSO cannot be made out against the

present appellant instead of that only offence under Section 8 of

POCSO Act can be made out, therefore, conviction of the appellant

under Section 376 (2) of IPC and Section 6 of POCSO Act is not

sustainable. The appellant is in jail since 06.01.2018. Hence, it is

prayed that appellant be granted bail.

On the other hand, learned counsel for the State has opposed

the bail application and submissions made in this respect.

I have heard both the parties.

Perused the record of trial Court and gone through the

statements of the victim (PW-07), Dr. Anamika Minj (PW-10) and

other witnesses.

On due consideration, particularly considering the detention

period of the appellant. I am of the view that it is a fit case where

the appellant should be granted bail. b

Accordingly, I.A. No.2/2022 is allowed.

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.25,000/- 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 06.09.2022. 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 due course before Regular

Bench.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh