Shri Mukesh Bhengra v. The State

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ...

CRM (DB)/9/2022 IA No:CRAN/2/2022 Shri Mukesh Bhengra Vs.

The State With CRA(DB)/4/2022 Shri Mukesh Bhengra Vs.

The State Mr. Rakesh Kumar ... for the appellant Ms. A.S.Zinu ... for the State December 20, 2022 [SR] Item Nos.2& 3 Re: CRM(DB)/9/2022 The application for suspension of sentence, pending hearing of the appeal, has been canvassed on the ground that the victim girl is 17 years old and the appellant was 22 years old at the time of incident.

The statement of the victim under section 164 of Cr.P.C clearly indicates that the victim girl and the accused were in love and their physical relationship was a consensual. The girl was eight months pregnant at the time when the statement was recorded. The medical report does not indicate any injury or violence on the victim.

On the contrary, it indicates that the victim had physical relationship for more than four years with the appellant.

In the aforesaid facts and circumstances of the case, this Court is of the view that the sentence imposed on the appellant is liable to be suspended till hearing of the appeal. The appeal may be listed as per the direction already passed, before the next available Circuit Bench. CRM(DB)/9/2022 stands disposed of Liberty is granted to the petitioner to file application for bail.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. ) ( Bibhas Ranjan De, J.)