LAWS(CHH)-2015-12-19

PRINCE SHARMA Vs. STATE OF C.G.

Decided On December 01, 2015
Prince Sharma Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) Heard on IA No. 01, application for suspension of sentence and grant of bail to the appellant. By the impugned judgment dated 14.02.2014 passed by Additional Sessions Judge, Bhattapara, Distt. Baloda Bazar in Session Case No. 06/2013, the accused appellant stand convicted under Sections 376, 363 and 366 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 2000/-; rigorous imprisonment for three years and to pay fine of Rs. 500/-; RI for five years and to pay fine of Rs. 500/- respectively along with default stipulations with a direction to run the sentences concurrently.

(2.) Counsel for the appellant submits that present appears to be a case of consent, because the prosecutrix went along with the appellant to several places and during that she did not raise any objection. It has been argued that even medical report of the prosecutrix does not support the prosecution case. Lastly, it has been argued that there is no legally admissible evidence in respect of age of the prosecutrix.

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