Dr. Narendra Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6534 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                             CRA No. 1234 of 2022

 Dr. Narendra Sahu S/o Ghasiram Sahu Aged About 52 Years R/o Achhota, Police
  Station Arjuni, District Dhamtari Chhattisgarh
                                                                         ---- Appellant
                                      Versus
 State Of Chhattisgarh Through Station House Officer, Police Of Police Station Arjuni,
  District Dhamtari Chhattisgarh
                                                                      ---Respondent

02.11.2022 Mr. Anil Gulati, counsel for the appellant.

Ms. Abhyunnati Singh, Panel Lawyer for the State.

Heard on application for suspension of sentence and grant of bail

to the appellant.

By the impugned judgment dated 26.07.2022 passed by the

learned Additional Sessions Judge (F.T.C.), Dhamtari, District- Dhamtari

(C.G.) in Sessions Trial No. 22/2020, the appellant stands convicted, as

under:-

                         Conviction                          Sentence
                 U/s 376 of IPC            : R.I. for 10 years and fine of Rs.10000/-,

                                               in default of payment of fine, 6 months

                                               R.I.

Learned counsel for the appellant would submit that from bare

perusal of the evidence of the victim, it is quite vivid that she was

consenting party and in the cross-examination she has categorically

admitted that sexual intercourse was committed by the appellant on her

consent.

On the other hand, learned counsel for the State would oppose the

submission made by the learned counsel for the appellant. She would

further submit that the appellant is in the profession of doctor which is a

matter of trust, therefore, even if it is considered on the face of evidence

that victim was consenting party, it cannot be said free consent,

therefore, the application for suspension of sentence be kindly rejected.

I have heard learned counsel for the parties and perused the

record.

Considering the statement of the victim that the appellant had

made sexual intercourse only with her consent, she is aged about 35

years, the offence has been committed in the year 2018 whereas FIR

has been registered in the year 2020 after about 1½ years and delay has

not been properly explained, I am inclined to suspend the sentence and

release the appellant on bail.

Accordingly, application for suspension of sentence and grant of

bail is allowed and it is directed that execution of further substantive jail

sentence to the appellant shall remain suspended and he shall be

released on bail on executing a personal bond in sum of Rs. 25,000/-

with one surety in the like sum to the satisfaction of trial Court for his

appearance before the Registry of this Court on 19 th 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 on all such

subsequent dates as are given to him by the said court till the disposal of

this appeal.

Sd/-

(Narendra Kumar Vyas) Judge kkd