Jharkhand High Court
Jitendra Kumar Prajapati vs The State Of Jharkhand on 6 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 45 of 2021
Jitendra Kumar Prajapati --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
---
For the Appellant : Mr. Abhay Kr. Chaturvedy, Advocate
For the State : Mrs. Nehala Sharmin, A.P.P.
03/06.12.2021 Heard learned counsel for the parties on the prayer for
suspension of sentence of the appellant made through I.A. No.5079 of 2021.
Sole appellant stands convicted for the offence punishable under
Section 376 of the I.P.C. vide impugned judgment of conviction dated
02.02.2021 passed in S.T. No. 261 of 2018 by the learned court of Additional
Sessions Judge-III, Garhwa and has been sentenced to undergo R.I. for 10
years with a fine of Rs.10,000/- and default sentence vide impugned order of
sentence dated 04.02.2021.
Learned counsel for the appellant submits that the prosecutrix is
P.W.2 upon whose complaint the F.I.R. was registered on 1 st December 2017
alleging commission of rape by the appellant 4-5 times in March 2012 and on
protest the accused promised to marry her. Physical relationship on promise of
marriage continued thereafter but she got married to another person. However,
even after marriage he continued to make physical relationship. As a result
she became pregnant. She was made to abort her pregnancy by advice of his
family members. Thereafter appellant went to Delhi to earn livelihood and in
April 2017 when he came back he asked the prosecutrix to come to Sun
temple. However, he did not turn up. Thereafter a Panchayati was held on
08.11.2017 where also he did not turn up. The case was lodged thereafter. It is
submitted that the victim was assessed to be between 22-25 years of age by
the Doctor (P.W.5) who examined her on 2nd December 2017. By that
assessment also she was a major 4-5 years back when the relationship started.
It is submitted that as per the prosecutrix she had got married in 2013.
Therefore, charges of rape cannot be substantiated. The long delay in lodging
of the F.I.R. on concocted allegations also is fatal to the
case of the prosecutrix. The victim has stated that the case was lodged after
Panchayati failed, but no such panchayati or document of her divorce was
produced during trial. Appellant has been in custody during trial for few
months and thereafter since his conviction on 2nd February 2021. In such
circumstances when the ingredients of rape do not stand substantiated on the
statement of the prosecutrix or by corroboration of medical evidence,
appellant deserves to be enlarged on bail by suspending his sentence.
Learned A.P.P. has opposed the prayer. She submits that the
victim has been enticed to continue physical relationship with the appellant as
a result of which she became pregnant also, but the appellant refused to marry
her and also caused abortion. Therefore, the appellant may not be enlarged on
bail.
We have considered the submissions of learned counsel for the
parties and taken note of the materials on record relied upon by them from the
lower court records.
Having regard to the totality of the facts and circumstances
noted above, the status of the victim as a married lady as per her own
deposition since 2013 and the evidence of the Doctor P.W.5 taken together, we
are inclined to grant the privilege of suspension of sentence to the appellant
during pendency of the appeal. Appellant is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties
of the like amount, each, to the satisfaction of learned Additional Sessions
Judge-III, Garhwa in connection with S.T. No. 261 of 2018 with the condition
that the appellant as well as his bailors shall not change their addresses and
mobile numbers, if any, without prior permission of the learned trial court and
shall submit Aadhar Cards at the time of his release. I.A. No.5079/2021 stands
disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Shamim/
