Suspension of sentence granted based on inconsistent evidence regarding alleged rape, thus enabling bail.

11 11-03-2026 1. Heard learned Counsel for the appellant and learned Additional Public Prosecutor for the State.

2. The present appeal has been preferred by the appellant against the judgment of conviction dated 07.11.2023 and order of sentence dated 09.11.2023, passed by learned Additional District and Sessions Judge Vith-cum-Special Court POCSO Act, Buxar, in POCSO Case No. 16 of 2021 (arising out of Dhansoi Police Station Case No. 07 of 2021), whereby the appellant has been convicted for the charges under Sections 363 , 366A, 376 of the Indian Penal Code and Sections 4 /6 of the POCSO Act.

3. By the impugned judgment and order of sentence, the appellant has been sentenced to undergo rigorous imprisonment for a period of 20 years with a fine of Rs. 1,00,000/- under Section 376 of the I.P.C. and in default of payment of fine, the appellant has further to undergo rigorous imprisonment for 1 year, rigorous imprisonment for a period of 7 years with fine of Rs. 20,000/- for offence under Section 366A of I.P.C and in default of payment of fine, further simple imprisonment for a period of 4 months, rigorous imprisonment for a period of 5 years with fine of Rs. 10,000/- for offence under Section 363 of I.P.C. and in default of payment of fine further simple imprisonment for 2 months, rigorous imprisonment for a period of 20 years with fine of Rs. 1,00,000/- for offence under Section 4 of POCSO Act, 2012 and in default of payment of fine further simple imprisonment for one year.

4. I.A. No. 01 of 2025 has been filed on behalf of the appellant for renewal of his prayer for bail inasmuch as earlier the bail application of the appellant was rejected by a Division Bench of this Court vide order dated 19.11.2024. While the rejecting the bail application, Division Bench of this Court granted liberty to the appellant to renew his prayer for bail after one year if the appeal is not heard finally.

5. As per the prosecution case, the minor daughter of the informant had gone to the mosque but did not return for a long time. The father of the informant tried to search the minor girl and contacted with the appellant but was of no avail. Later, the victim girl was recovered and gave her statement under Section 164 of the Cr.P.C. in which she supported the prosecution story. The victim in her deposition before the Trial Court has supported the prosecution story also and stated that she was taken to different destinations where the appellant committed rape on her.

6. Mr. Ajay Kumar Chakraborti, learned counsel appearing for the appellant, on the point of suspension of sentence and grant of bail, submitted that appellant has falsely been implicated in this case due to previous enmity. The girl was said to have been kidnapped by the appellant on 14.01.2021 and FIR has been lodged on 19.01.2021. The girl was recovered on 20.01.2021 and medical examination was conducted immediately thereafter on 21.01.2021. Referring to the deposition of the doctor, learned counsel submits that the doctor has found no injury anywhere on the body or on the private part of the victim girl and the hymen was also intact. The doctor has opined that there were no signs of sexual intercourse upon her. Accordingly, the submission is that on the ground of inconsistent, contradictory statements made by the witnesses including the informant and also the medical report, which does not support the prosecution story, the appellant may be released on bail during pendency of this appeal.

7. On the other hand, learned counsel for the State argued that the appellant has committed heinous crime and being a cleric in the mosque and the teacher has committed rape upon the minor daughter of the informant.

8. Having heard learned counsel for the parties and taking into consideration doctor’s deposition and the fact that the appellant has remained in custody for about more than four years, we are inclined to grant privilege of bail to the appellant.

9. Accordingly, the execution of sentence, during th