Sandeep Satnami vs State of C.G.

Prashant Kumar Mishra, J.�Heard. The appellant has been convicted under Sections 363, 366(A) & 376(2)(i) of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 7 years under Section 363 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and R.I. for 10 years under Section 366(A) & 376(2)(i) of the IPC with usual default stipulation.

I.A. No. 1

This is an application for suspension of sentence and grant of bail.

Conviction of the appellant is based on the finding that he abducted the prosecutrix aged about 16 years and subjected her to forceful sexual intercourse, however, the prosecutrix examined as PW-2 has turned hostile. Her parents have supported the case of the prosecution, but they were informed about the incident by the prosecutrix herself. Witnesses to the seizure of girl vide Ex. P-4 have also turned hostile.

Considering the nature of evidence, particularly conduct of the prosecutrix, this Court is inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No. 1 for suspension of sentence and grant of bail is allowed. Execution of the sentence imposed on appellant Sandeep Satnami shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 29th November, 2014. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of this appeal.