Jharkhand High Court
Basant Bek @ Bakra @ Sashi Basant ... vs The State Of Jharkhand on 1 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 307 of 2020
Basant Bek @ Bakra @ Sashi Basant Bek .... 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
Through Video Conferencing
For the Appellant : Mr. Kumar Vaibhav, Advocate
For the State : Mr. Vineet Kumar Vashistha, A.P.P
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05/ 01.09.2021 Heard Mr. Kumar Vaibhav retained counsel of Jharkhand High
Court Legal Services Committee representing the appellant on his request
and Mr. Vineet Kumar Vashistha, learned Additional Public Prosecutor for
the State on the prayer for suspension of sentence made by this appellant
through I.A. No. 4332 of 2021.
Sole appellant stands convicted for the offences punishable under
Sections 376(1), 366(A) and 367 of the Indian Penal Code by the impugned
judgment dated 03.01.2019 passed in S.T. No. 251 of 2012 by the Court of
learned Additional Sessions Judge-1-cum-Special Judge, Gumla and has
been sentenced to undergo Rigorous Imprisonment for life with a fine of Rs.
25,000/- and a default sentence under Section 376(1) of I.P.C and also
sentenced to undergo Rigorous Imprisonment for 7 years with a fine of Rs.
5,000/- and a default sentence under Section 366(A) of I.P.C and also further
sentenced to undergo Rigorous Imprisonment for 7 years with a fine of Rs.
5,000/- and a default sentence under Section 367 of I.P.C by the impugned
order of sentence dated 05.01.2019.
Learned counsel for the appellant submits that as per the case of the
informant-father examined as P.W.6, his daughter was abducted by the
accused-appellant on 23rd May, 2012 at 02:00 a.m when he along with her
daughter had gone to attend Barat. He alleged that despite resistance by one
Aashit Toppo, maternal uncle and one Shankar Toppo, the accused did not
leave her and took her away. The victim had not come back till the time of
institution of F.I.R. It is submitted that P.Ws. 14 and 15, Aashit Toppo and
Shankar Toppo have turned hostile during trial. It is further submitted that no
other prosecution witnesses have stated to have seen the appellant forcibly
taking away the victim on the fateful day. The father (P.W.6) has during trial
stated that he did not know the appellant from before. The story put forth
during trial by the victim examined as P.W.11 is wholly unreliable since as
per her deposition, she was raped in a field and thereafter taken to one
village Tilbari and thereafter to Chitarpur, where she was kept for three days
and repeatedly raped and then to Mariamtoli, where she was kept for one day
and also subjected to rape and finally when she was brought to Ghaghra from
where she was recovered from the house by her parents on being informed
by the inmate lady of the house. As per her deposition, she has raised cries
and protested while being carried from one village to other by the appellant
and finally recovered on 30th May, 2012, but none of the villagers has been
examined during investigation or produced during trial to support these
allegations. It is highly unlikely that despite such protest and cries, no one
come to her rescue. It is further submitted that the case of repeated rape is
not corroborated by the medical evidence of the doctor (P.W.17), who
examined her on 1st June, 2012. He found that it is a case of rupture of
hymen and sexual intercourse had taken place in past, but no evidence of
rape could be given. There was no injury on the body of the victim. Her age
was assessed to be between 14-15 years as per Radiological examination by
the other Doctors (P.Ws. 3 & 12) vide Exts.-1, 1/1 & 1/2. It is submitted that
the accused has examined himself as D.W.1 and taken a plea that he was not
present at the place of occurrence as he is Plumber and had been working at
Gumla . It is submitted that the appellant is in custody since 1st July, 2012
for more than 8 years by now. Therefore, appellant may be enlarged on bail
by suspending his sentence.
Learned Additional Public Prosecutor has opposed the prayer. He
submits that the victim was a minor aged 14-15 years as per Radiological
examination and the Doctor (P.W.17) has also found that sexual intercourse
had taken place in the past. The victim has described the incidence and
repeated instances of rape over a period of six days while she was being
taken from one village to another by the appellant. As such, appellant may
not be enlarged on bail by suspending his sentence
We have considered the submissions of learned counsel for the
parties and taken note of the relevant materials relied upon by them from the
Lower Court Records.
On consideration of the materials on records and submission of the
parties, it appears that the victim has narrated, in her deposition, the manner ,
in which she was raped and taken from one village to another over a period
of six days and subjected to repeated rape but the doctor (P.W.17) has not
found any injury on her body when she was examined on 1st June, 2012
immediately after her recovery on 30th May, 2012. It further appears that the
presence of the appellant at the place of occurrence has not been
corroborated by the evidence of P.Ws. 14 and 15 as stated by the informant-
father in the F.I.R since they have turned hostile. The appellant has been in
custody for more than 8 years by now. Therefore, on consideration of the
totality of facts and circumstances, 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-1-cum-Special Judge, Gumla in
connection with S.T No. 251 of 2012 with the condition that the appellant
and his bailors shall not change their address or mobile number without
permission of the learned Trial Court.
I.A. No. 4332 of 2021 stands allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
