Chattisgarh High Court
Daneshwar @ Danu vs State Of Chhattisgarh on 9 April, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
I.A. No. 1 of 2024
In Re:
CRA No. 2235 of 2024
1 - Daneshwar @ Danu S/o Mahendra Bhoi Aged About 23 Years Ward No.
07, Ganjpara, Behind Patwari Office, Dhamdha, District Durg Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station -
Padmanabhpur, Durg, District Durg Chhattisgarh
... Respondent
Order Sheet
09/04/2025 Proceedings of this matter have been taken through
video conferencing.
By the impugned judgment of conviction and order of
sentence dated 07.11.2024, the learned fourth Additional
Session Judge (F.T.S.C.) POCSO, Durg (C.G.) in SCC
POCSO No. 138/2023, has convicted the appellant for the
offences punishable under Section 6 of the Protection of
Children from Sexual Offences Act, 2012 (for short, 'POCSO
Act') and sentenced him to undergo rigorous imprisonment
for 20 years and fine amount of Rs. 5000/- in default of
payment of fine amount additional R.I. for 1 year.
Heard Ms. Sareena Khan, learned counsel for the
appellant. Also heard Mr. Swajeet Ubeja, learned Panel
Lawyer, appearing for the respondent/State on the instant
application for suspension of sentence and grant of bail (I.A.
No. 1 of 2024).
Learned counsel for the convict/appellant has argued
that the appellant has been falsely implicated in the present
case and there is no evidence on record to connect the
appellant with commission of the offence. It is further argued
by the learned counsel for the appellant that as per the
prosecution case, the age of the victim was 15 years 03
months and 13 days at the time of incident, but the evidence
goes to show that the victim was not minor at the time of
incident. He also submits that the statements of victim (PW-
1) is full of omission and contradictions. A bare reading of
this statement will reveal the fact that she was a willing and
consenting party and there was love affairs between the
appellant and the prosecutrix. He further submits that the
appellant has no criminal antecedent and the appellant is in
jail since 26.09.2023 and further, the appeal is likely to take
a couple of years or even more in its final disposal, hence
she prays that the appellant be enlarged on bail.
Mr. Swajeet Ubeja, learned Panel Lawyer submits
that notice has been served to the father (PW-2) of the
victim, but none appears to oppose the application for
suspension of sentence and grant of bail to the appellant. It
is further submitted by the learned State counsel that the
victim is minor girl aged about 15 years 11 months at the
time of incident as per birth certificate and the appellant has
committed forceful sexual intercourse with the prosecutrix by
which she became pregnant of 21 weeks and 4 days as per
the sonography report (Ex.P-10) given by the Dr. B. N.
Dewangan (PW-5), therefore, he opposes the prayer for
grant of bail. He further submits that the findings arrived at by
the learned trial Court is just and proper.
We have heard learned counsel for the parties and
perused the documents appended with the bail application.
Considering the submissions advanced by the learned
counsel for the parties, also considering the evidence
available on record and further the fact that though the victim
is stated to be minor girl aged about 15 years and 11
months as per the birth certificate and but from her statement
recorded before the trial Court which goes to show that she
has voluntarily established physical relationship with the
appellant thrice and thereafter she became pregnant and it
also goes to show that there was love affairs between them
and she was the consenting party and it is also evident that
the victim has not deposed anything against the appellant in
her statement. Further, the appellant has no criminal
antecedents and the appellant is in jail since 26.09.2023 and
further hearing of this appeal would take prolonged period of
time, we deem it appropriate to allow the application for
suspension of sentence and grant of bail moved on behalf of
the appellant.
Accordingly, the substantive jail sentence awarded to
appellant- Daneshwar @ Danu by the learned trial Court is
hereby suspended. He shall be released on bail on his
executing bail bond with two sureties to the satisfaction of
the concerned trial Court for his appearance before the
Registry of this Court on 09.06.2025. He shall thereafter,
appear before the concerned 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, interval being not less than 06 months, till
final disposal of this appeal.
Consequently, I.A. No. 1 of 2024 is allowed.
It is made clear that the observations made
hereinabove are only confined for disposal of aforesaid I.A.
filed in this appeal and it shall not be construed as an
expression of opinion of this Court on the merits of the
matter.
List this matter for final hearing.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Jyoti
