SHIVAM DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 952/2015 registered at Police Station-Outpost Chikli, Distt. Rajnandgaon for the offences punishable under Sections 376, 384, 323 & 506 & 34 of Indian Penal Code.

(2.) As per prosecution case, the applicant is said to have committed sexual intercourse with the prosecutrix from 1-1-2014 to 5-11-2015 & 28-11-2015, who is said to be the transgender on the false pretext of marriage; and extorted Rs. 1,50,000/- threatening her to defame and also caused hurt and thereby committed the aforesaid offences.

(3.) Mr. H. S. Ahluwalia, learned counsel appearing for the applicant would submit that the applicant has not committed any offence and he has been falsely roped in such offences. He would further submit that there is inordinate delay of more than one year in lodging the FIR without any proper explanation. According to him, applicant is languishing in jail since 10-12-2015; and the charge-sheet has already been filed. He while referring to the medical report of the Medical Officer, Department of Casuality, Government District Hospital, Raipur, who examined the victim on 30-11-2015, would submit that medical opinion is not supporting the case of the prosecution as victim is transgender and has undergone sex change surgery in the year 2013; her secondary sexual characters are on developing stage; her vagina was not developed completely; no sign of injury was seen over the anal region or vaginal area and, as such, there is no prima facie evidence of committing sexual intercourse with the prosecutrix, who is aged about 23 years and therefore, application for grant of bail may be allowed keeping in view the medical opinion; pre trial detention, and further taking into account the fact that no custodial interrogation of the applicant is required.