PRAVEER KUMAR GIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned counsel appearing the State on the matter of bail of the appellant, namely, Praveer Kumar Giri alias Parveer Kumar Giri alias Mama. Mr. Sinha, learned counsel appearing for the appellant submits that the appellant has been convicted for the offence punishable under Sec. 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and further for five years for the offence punishable under Sec. 201 of the Indian Penal Code and to pay fine of Rs. 10,000/ - for the offence under Sec. 376 of the Indian Penal Code and further to pay fine of Rs. 5000/ - for the offence under Sec. 201 of the Indian Penal Code, on the accusation that the appellant did commit rape upon the prosecutrix, but the facts and circumstances appearing against the petitioner, would go to show that whatever acts were done by this appellant, it were with the consent of the prosecutrix.

(2.) In this regard, it was submitted, that there was dispute in between the prosecutrix and her husband and family members of the husband. In that course, impression was given by this appellant, aged about 61 years, that he would be helping the prosecutrix in the legal matter and by giving such impression, the appellant took the prosecutrix, his brother and other members to Baripada, Orissa, where it is said that one day, the appellant committed rape upon the prosecutrix and then the appellant took the prosecutrix and her husband to a house and allowed them to occupy the house as tenant and there the appellant again had had sex, which continued for about 4 years and then the prosecutrix lodged the case to the effect that the appellant by misrepresenting that he would be helping her in a criminal case, which was there in between the husband and the prosecutrix, committed rape and on that premise, the appellant was convicted by the trial court, holding therein that the consent given under misconception, cannot be said to be a valid consent in terms of Sec. 90 of the Indian Penal Code, but the fact remains that the relationship in between this appellant and the prosecutrix continued for four years and in that event, it cannot be said that under wrong misconception, the prosecutrix gave consent and thereby, the trial court committed illegality in recording the order of conviction. Regard being had to the facts and circumstances of the case, during pendency of the appeal, the appellant -Praveer Kumar Giri alias Parveer Kumar Giri alias Mama is directed to be released on bail, on furnishing bail bond of Rs. 10,000/ - (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Addl. Sessions Judge -Ghatshila, in connection with Sessions Trial No. 336 of 2014.