Chattisgarh High Court
Ramji Kosle @ Rahul @ Gappu vs State Of Chhattisgarh on 14 February, 2025
Digitally
signed by
ANURADHA 1/6
ANURADHA TIWARI
TIWARI Date:
2025.02.14
16:26:17
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
I.A. No. 1 of 2024
In Re:
CRA No. 387 of 2024
Ramji Kosle @ Rahul @ Gappu S/o Laxminarayan Kosle Aged
About 20 Years R/o Kelabadi Irani Dera, Durg Chowki
Padmanabhpur, Police Station - Durg, District Durg (C.G.)
... Appellant
versus
State of Chhattisgarh Through - Police Station - Durg, Chowki
Padmanabhpur, District Durg (C.G.)
... Respondent
Order Sheet
14.02.2025 Vide order dated 05.02.2025, this Court has
appointed Mr. Shishir Dixit, learned counsel as Amicus
Curiae. Today, when the matter is taken up for hearing,
Mr. Virendra Verma, learned counsel for the appellant
submits that he has been appointed by the appellant to
appear before this Court to argue the matter.
In view of the above, Mr. Shishir Dixit, learned
counsel is discharged from the present case and Mr.
Virendra Verma, learned counsel is allowed to argue
the case on behalf of the appellant.
By the impugned judgment of conviction and
order of sentence dated 10.01.2024, the learned
Additional Session Judge, First Fast Track Court, Durg,
Special Court under Protection of Children from Sexual
Offence Act, 2012 (for short, 'POCSO Act') in Special
Criminal Case (POCSO) No.160/2021, has convicted
the appellant for the offence punishable under Sections
363, 366, 376(3) of the Indian Penal Code (for short,
'IPC') and Section 3 and 4 of the POCSO Act and
sentenced him to rigorous imprisonment for 03 years
and fine of Rs.500/-, in default of payment of fine
amount additional rigorous imprisonment for 01 month
in Section 366 of the IPC as well as rigorous
imprisonment for 20 years and fine of Rs.5,000/-, in
default of payment of fine amount additional rigorous
imprisonment for 03 months in Section 3 read with
Section 4(2) of the POCSO Act.
Heard Mr. Virendra Verma, learned counsel for
the appellant and Mr. Nitansh Jaiswal, learned Panel
Lawyer appearing for the State/respondent 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 though the birth certificate of the victim
has been seized, according to which, her date of birth
is 14.03.2008, but in the statement of the victim, she
has stated that she had voluntarily gone with the
appellant. He further submits that it is a case of
elopement and not of taking away, enticing or
abduction. He also submits that the victim was a
consenting party and she had established sexual
relationship with the appellant. Learned counsel for the
convict/appellant further made a statement before this
Court that the appellant has no criminal antecedent. He
further argued that appellant was in jail since
10.11.2021 and further, the appeal is likely to take a
couple of years or even more in its final disposal,
hence he prays that the appellant be enlarged on bail.
On the other hand, learned State counsel
submits that notice has been served to the mother of
the victim (PW-2), 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
Panel Lawyer that the victim is minor girl aged about
13 years on the date of incident and the birth certificate
of the victim has been produced, in which her date of
birth has been mentioned as 14.03.2008, 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, particularly the conduct
of the victim as she has voluntarily gone with the
appellant and she was a consenting party, further
taking into account the fact that MLC is found to be
negative, the appellant is in jail since 10.11.2021 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-Ramji Kosle @ Rahul @ Gappu
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 27.03.2025. 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.
C.C. as per rules.
Sd/- Sd/- -
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Judge
Anu
