Uttarakhand High Court
Uttarakhand vs Unknown on 19 June, 2023
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CRLA No. 537 of 2022
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Mr. Mukul Singh Dangi, learned counsel
for the appellant/applicant.
2. Mr. J.S. Virk, learned Deputy Advocate
General assisted by Mr. R.K. Joshi and Mr.
Pankaj Joshi, learned Brief Holders for the
State of Uttarakhand/sole respondent.
3. Heard learned counsel for the parties.
4. This is an appeal filed under Section
374 (2) of Cr.P.C., against the judgment and
order dated 13.09.2022 and 14.09.2022
passed by Special Judge (POCSO Act)/
District and Session Judge, Tehri Garhwal in
Session Trial No. 31 of 2021, "State of
Uttarakhand Vs. Suraj Gurang". By the said
judgment, the appellant/applicant was
convicted for offence punishable under
Sections 363, 366, 376(3) of IPC and
Section 5(1)/6 of The Protection of Children
from Sexual Offences Act, 2012.
5. By the said judgment and order, he was
sentenced to undergo 3 years rigorous
imprisonment for the offence punishable
under Section 363 of IPC alongwith fine of
Rs.5,000/- and in default of payment of fine,
he shall further undergo one month simple
imprisonment additionally, sentenced to
undergo 5 years rigorous imprisonment for
the offence punishable under Section 366 of
IPC alongwith fine of Rs. 10,000/- and in
default of payment of fine, he shall further
undergo two month simple imprisonment
additionally, sentenced to undergo 20 year
rigorous imprisonment for the offence
punishable under Section 376(3) of IPC
alongwith fine of Rs. 25,000/- and in default
of payment of fine, he shall further undergo
six month simple imprisonment additionally
and sentenced to undergo maximum
punishment of rigorous imprisonment for 20
years for the offence punishable under
Section 5(1)/6 of POCSO Act alongwith fine
of Rs. 25,000/-, and in case of default in
payment of fine, he shall further undergo six
months additional simple imprisonment. All
the sentences have been directed to run
concurrently.
6. The appellant/applicant has sought his
release on bail.
7. Learned counsel for the appellant/
applicant argued on the Bail Application and
submitted that the appellant/applicant is
languishing in jail since 12.05.2021.
8. It is also submitted by the learned
counsel for the appellant/applicant that the
victim has not supported her case, during
the trial and in her statement, during
examination in-chief; she has deposed
nothing about the factum of commission of
rape upon her. Apart from that, it has also
been submitted that when victim was taken
to the doctor for medical examination, she
has told doctor her age about 17 years,
while during the trial, the age was recorded
as 14 years, at the time of commission of
the alleged offence.
9. We have given a thoughtful
consideration to the submission made by the
learned counsel for the appellant/applicant.
From the evidence, it is demonstrated that
the victim went with the appellant/applicant
on her own volition, while going from her
village to Rani Chauri, from where to
Chamba and later on, Khatima, by train,
where she was recovered, she did not raise
any alarm.
10. We have also noticed that the age of
the appellant/applicant, at the time of
commission of offence, is also 21 years. The
case appeared to have love angle too.
11. Keeping in view the aforesaid
circumstances, without expressing any
opinion on the final merits of the appeal, we
are of the opinion that appellant/applicant is
entitled to be enlarged on bail at this stage.
Accordingly, bail application (IA No. 3 of
2022) is allowed.
12. Let the appellant/applicant-Suraj
Gurang be released on bail during the
pendency of this appeal on executing
personal bond and furnishing two reliable
local sureties, each of like amount, to the
satisfaction of the Magistrate concerned.
13. IA No.2 of 2022 (Exemption
Application), IA No.3 of 2022 (Bail
Application) and IA No.4 of 2023
(Miscellaneous Application with Objection)
would also stand disposed of.
14. List in due course.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
19.06.2023
PN
