LAWS(CHH)-2015-11-26

RAHIM KHAN Vs. STATE OF C.G.

Decided On November 02, 2015
RAHIM KHAN Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) Heard on I.A. No. 1/2015, application for suspension of sentences and grant of bail to the appellant. By the impugned judgment dated 7th September, 2015 passed by the Special Sessions Judge, Janjgir-Champa Special ST. No. 174/2014, the accused/appellant stands convicted under Sections 376 (1) & 450 of the Indian Penal Code and sentenced to undergo R.I. for 07 years & fine of Rs. 200/- and R.I. for 05 years & fine of Rs. 200/- respectively with default stipulations.

(2.) Counsel for the appellant submits that present appears to be a case where the prosecutrix (PW-1), a major lady aged about 21 years, had allowed the appellant to have sex with her. He further submits that in the cross-examination the prosecutrix has categorically stated that if the appellant had married her she would not have lodged report against him.

(3.) On the other hand, counsel for the State opposes the bail application.