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Judgment
19 paragraphs · 397 wordsI.A. (Cr.) No.1157 of 2020
The interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-
interim bail to the appellant, namely Sabir Sk., during the pendency of the appeal.
The appellant has been convicted for the offence under Sections 354 & 458 of the Indian Penal Code vide judgment dated 21.01.2020 &
22.01.2020, passed by the court of learned Principal Sessions Judge, Pakur, in S.T. No. 145 of 2013 and he has been sentenced to undergo R.I of one
year and to pay a fine of Rs.1,000/- under Section 354 IPC, in default thereof, to undergo S.I of four months. He has been further sentenced to
undergo R.I of five years and to pay a fine of Rs.2,000/-, under Section 458 IPC, in default thereof, to undergo S.I of six months.
Having heard learned senior counsel for the appellant and learned P.P, and on perusal of materials on record, it appears that PW-5, the victim in her
examination in chief has stated that when she went out at night to attend the natures call, the appellant had committed rape on her on the point of
knife, whereas in cross-examination at para-8, she has stated that the appellant entered her house but he did not remove her clothes. When he touched
her she woke up but she did not raise any alarm. When her husband came the appellant fled whereafter he was chased and apprehended. PW-8 is the
Doctor who examined the victim. As per medical report no injury or mark of violence was found on the body and private part of the victim.
In view of the testimony of the victim and the Doctor, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of
the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned
Principal Sessions Judge, Pakur, in S.T. No. 145 of 2013, subject to the condition that the appellant shall deposit Rs.3,000/- as part of the fine amount
in the court below.
With the said direction I.A. No.1157 of 2020 is, hereby, allowed.
Cr. Appeal (S.J.) No. 103 of 2020
office to list the appeal under the heading 'For Hearing' in seriatim as per age.