Deepak @ Purshottam Dhuri vs State Of Chhattisgarh
2022 Latest Caselaw 7138 Chatt

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                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                    CRA No. 1231 of 2021
       Deepak @ Purshottam Dhuri S/o Shri Durga Prasad Dhuri aged about 28 years R/o
        Village Mode PS Takhatpur at present R/o Imlibhata PS. Sarkanda Distt.- Bilaspur
        (C.G.).
                                                                         ---- Appellant

                                             Versus

       State of Chhattisgarh, through: District Magistrate, Bilaspur, Distt.-Bilaspur (C.G.).

                                                                                  ---Respondent

29.11.2022 Mr. Dheerendra Pandey, counsel for the appellant.

Mr. Praveen Kumar Shrivastava, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 22.09.2021 passed by the learned Additional Sessions Judge, Fast Track Court (POCSO) District-Bilaspur (C.G.) in SST No. 14/2020 and Crime No. 1141/2019, the appellant stands convicted and sentenced as under:-

                       Conviction                               Sentence
              Under       Section

5(L)/6 : R.I. for 10 years and fine of Rs. 500/- in default of payment of fine to further undergo R. I. For 3 Protection of Children years from Sexual Offences Act, 2012

Learned counsel for the appellant would submit that prosecutrix (PW02) in her cross-examination stated that she allowed the appellant for physical relationship only on the condition that he will perform marriage but without any objection she has made relationship with the appellant. He would further submit that the prosecutrix was medically examined by the Dr. Pallavi Keshari (PW05) and in her Court statement she

(Dr. Pallavi Keshari) has categorically stated that there is no injury found on the private part of the prosecutrix to show any sign of forcefully sexual intercourse. The doctor has also advised for x-ray & teeth examination to ascertain the age of the prosecutrix but the prosecution has not done the same. Learned counsel for the appellant would further submit that Dilip Kumar Mishra (PW08), principal of the school in his cross- examination has stated that that he has submitted Dakhil Kharij Register to the police and also admitted that since he was not present at the time of admission of the prosecutrix therefore, he has no idea that who wrote the date of birth of the prosecutrix. Therefore the prosecution has enable to prove the age of the prosecutrix. He would lastly submit that the appeal being of the year 2021 and there is no likelihood of the appeal coming up for final hearing in the near future, the appellant is remained in jail from 14.12.2019 to 27.02.2019 and from 22.09.2021 till today has completed 1year and 4½ months of imprisonment out of the total imprisonment i.e. 10 years hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence, therefore, the appellant is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the record. Considering the facts and circumstance of the case particularly the fact that the prosecution has failed to demonstrate that the prosecutrix was subjected to forcefully sexual intercourse. The doctor has also not supported the case of the prosecution and prosecution has also failed to prove the exact age of the prosecutrix and also considering the fact that appellant has completed more than 1 year and 4½ months of imprisonment out of the total imprisonment i.e. 10 years, the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him 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 of the appellant shall remain suspended and he shall be released on bail on his 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 16th January, 2023. 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.

It is made clear that the date given by the trial Court for appearance of the appellant should not have interval of more than 90 days from previous date.

The In-charge Police Station- Sarkanda, Bilaspur, District- Bilaspur (C.G.) is directed to minutely observe conduct of the appellant and if any complaint is made by the victim/prosecutrix against the appellant, the police shall take immediate action on the same.

List this appeal for final hearing in due course.

Sd/-/-

(Narendra Kumar Vyas) Judge

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