Jharkhand High Court
Amit Kumar vs The State Of Jharkhand on 21 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 136 of 2021
Amit Kumar ....Appellant
Versus
The State of Jharkhand ... Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mrs. Nirupma, Advocate
For the State : Mr. Prabir Kumar Chatterjee, A.P.P
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03/21.10.2021 Heard learned counsel for the appellant, Mr. Nirupma and learned
A.P.P, Mr. Prabir Kumar Chatterjee on the prayer for suspension of sentence
made by this appellant through I.A. No. 4201 of 2021.
Sole appellant stands convicted for the offence punishable under
Section 376(2)(n) of I.P.C by the impugned judgment dated 19th June, 2021
passed in Sessions Trial No. 57 of 2019 by the Court of learned Additional
Sessions Judge-IV-cum-Special Judge (Crime against women), Bokaro and has
been sentenced to undergo Rigorous Imprisonment for 10 years with a fine of
Rs. 1,00,000/- and default sentence by the impugned order of sentence dated
24th June, 2021.
Learned counsel for the appellant submits that the informant-cum-
victim as per her own admission is aged 23 years. She has stated that her
marriage was settled with this appellant in the year 2017 and he started visiting
her quarter. Thereafter, he established physical relationship with her forcibly by
taking her to his quarter and threatened against lodging of complaint. He started
demanding dowry for entering into the marriage, but refused to do so even after
payment of Rs. 50,000. Thereafter, on failure to fulfil the promise of marriage,
a criminal case was instituted for the offence of rape. The doctor (P.W.6), who
examined the victim on 16th November, 2017, has found no sign of injury, no
seminal stain and no blood clots in and around the perineum and hymen was
found old torn. Pregnancy test was found to be negative. As per his opinion, no
sign of recent and forceful sexual intercourse was found. No apparent sign of
external injury found over the body. It is submitted that the entire case has been
lodged as an afterthought, though the victim was in consensual physical
relationship with the appellant. Appellant was all along on bail during trial and
has been in custody since the date of his conviction. Therefore, appellant may
be enlarged on bail by suspending the sentence. The appellant and the victim
both are now married person living separately which has also been taken note
of by learned trial court while passing the order of sentence.
Learned A.P.P. for the State has opposed the prayer. He submits
that the victim lady was forced to establish physical relationship with the
appellant on the promise of marriage. Therefore, the offence of rape is made
out as there is lack of consent within the meaning of Section 90 of the Indian
Penal Code.
We have considered the submission of learned counsel for the
parties and taken note of the materials relied upon by them from the Lower
Court Records.
Having regard to the totality of facts and circumstances noted
above including the medical opinion of the doctor (P.W. 6), we are inclined to
grant bail to the appellant by suspending his sentence during pendency of this
appeal. Accordingly, appellant, above-named, shall be released on bail, during
the pendency of this appeal, 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-IV-cum-Special Judge (Crime against
women), Bokaro in connection with Sessions Trial No. 57 of 2019 with the
condition that appellant and his bailors shall not change their address or mobile
number without permission of the learned Trial Court.. Appellant and their
bailors shall also furnish their photo copy of Aadhar Card before the Trial
Court at the time of his release.
I.A. No. 4201 of 2021 stands allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
