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2013 DIGILAW 323 (CHH)

Parasu Ram Rajak v. State of C. G.

2013-11-08

GOUTAM BHADURI

body2013
ORDER Goutam Bhaduri, J. 1. Heard. Admit. 2. Also heard on I.A. No. 1 application for suspension of sentence and grant of bail. 3. Appellant has been convicted for committing offence under Section 363 of Indian Penal Code and has been awarded sentence of R.I. for 3 years and fine of Rs. 200/-, in default of payment of fine, to undergo additional R.I. for 1 month, under Section 366 of Indian Penal Code, appellant has been awarded sentence of R.I. for 4 years and fine of Rs. 300/-, in default of payment of fine, to undergo additional R.I. for 2 months and under Section 376 of Indian Penal Code, appellant has been awarded sentence of R.I. for 7 years and fine of Rs. 500/-, in default of payment of fine, to undergo additional R.I. for 3 months with a direction to run the sentences concurrently. 4. I have gone through the statement of the prosecutrix, P.W.-8. In para 30 and 31 of her statement she has said that she was with the accused for about four months and was traveling from one city to other and that the prosecutrix engaged herself in labour job. Further I have gone through entire statement of P.W.-8. The father of the prosecutrix is examined as P.W.-1. In his cross examination he has said that he was married at the age of 18-20 years and age on the said is recorded to be 45 years and the child was born in gap of 1½ years. In para 12 of the statement the witness says while admitting the prosecutrix in the school date of birth was disclosed on presumption. The prosecution has not produced original certificate whereby the age of the prosecutrix can be established to be 15 years. According to the opinion of doctor the age of the prosecutrix is about 15 years. 5. Considering statement of the prosecutrix, father and the mother without commenting anything on merit at this stage, I find it to be a fit case to suspend the jail sentences and release the appellant on bail. 6. Accordingly, I.A. No. 1, application for suspension of sentence and grant of bail is allowed. 7. Execution of substantive jail sentences imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs. 6. Accordingly, I.A. No. 1, application for suspension of sentence and grant of bail is allowed. 7. Execution of substantive jail sentences imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs. 10,000/- with two sureties for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 4th February, 2014. He shall thereafter appear before the 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, till the disposal of this appeal. Certified copy as per rules.