Chattisgarh High Court
Vinesh Kumar Rawat vs State Of Chhattisgarh on 1 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 755 of 2021
• Vinesh Kumar Rawat S/o Sukhru Ram Rawat Aged About 20 Years R/o
Mirjapur, Police Station Patthalgaon, District Jashpur Chhattisgarh
---- Appellant
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station
Patthalgaon, District Jashpur Chhattisgarh
---- Respondent
01/11/2022 Shri Sanjeev Kumar Sahu, counsel for the
appellant.
Shri Sudeep Verma, Deputy GA for the State.
Heard on IA No.1/2021, application for suspension
of sentence and grant of bail.
The appellant has been convicted for commission
of offence under Section 376 (1) of the IPC read with
Section 3(2)(v) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.1,000/-, in default of payment of fine to further
undergo RI for 3 months vide judgment dated 14.7.2021
passed by the Special Judge, authorized under Section 14
of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, Jashpur in Special
Criminal Case under the SCST Act No.7/2019.
Case of the prosecution, in brief, is that there was
love affair between the appellant and the prosecutrix
since one year prior to the date of incident i.e. 8.9.2018.
On the date of incident i.e. 8.9.2018 the appellant made a
call to the prosecutrix saying that he is coming to her
village to pick up her and they would get married. The
prosecutrix without informing her parents accompanied
the appellant. The appellant took the prosecutrix to
Mirzapur where the appellant started pressurizing the
prosecutrix to have physical relations, which was denied
by the prosecutrix. In spite of resistance made by the
prosecutrix, the appellant made physical relations with
the prosecutrix.
Learned counsel for the appellant would submit
that the prosecutrix went along with the appellant at
several places without any protest and on the date of the
incident, the prosecutrix was not possessing any valid
caste certificate. The relationship is of consensual in
nature and both were deeply in love. So the sexual
intercourse cannot be said to be made out under any
misconception of fact. Reliance is placed in the matters
of Pramod Suryabhan Pawar Vs. State of
Maharashtra and Another {(2019) 9 SCC 608 and
Sonu alias Subhash Kumar Vs. State of Uttar Pradesh
and Anr. (AIR 2021 SUPREME COURT 1405}.
Per contra, learned State Counsel would oppose
the bail application.
Having considered the submissions, particularly
considering the evidence of the prosecutrix (PW-3), as
also the medical evidence and further considering the
judgments relied on by learned counsel for the appellant
and without commenting anything on the merits of the
case, we are of the view that it is a fit case in which
sentence imposed on the appellant should be suspended
and he be released on bail.
Accordingly, the application is allowed.
Execution of the sentence imposed on appellant
Vinesh Kumar Rawat shall remain suspended and he is
directed to be released on bail on his executing a
personal bond for a sum of Rs.25,000/- with one surety
for the like sum to the satisfaction of the trial Court for
his appearance before the Registry of this Court on 20th
December , 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, within an
interval of 6 months, on all such subsequent dates as are
given to him by the said Court, till the disposal of this
appeal.
Sd/- Sd/-
Barve
(Sanjay K. Agrawal) (Deepak Kumar Tiwari)
Judge Judge
