Akhter Ali vs State Of Chhattisgarh
2021 Latest Caselaw 82 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                           CRA No. 1099 of 2018
              Akhter Ali S/o Sardar Ali Aged About 26 Years R/o Village Green Chowk, Sadar Naka,
               Kundra Para Green Chowk Durg Mohan Nagar, District Durg Chhattisgarh, District :
               Durg, Chhattisgarh

                                                                                   ---- Appellant

                                                 Versus

              State Of Chhattisgarh Through The Police Station Mohan Nagar, District Durg
               Chhattisgarh, District : Durg, Chhattisgarh

                                                                                ---- Respondent

09.04.2021 Shri A.K. Yadav, counsel for the appellant.

Ms. Fozia Mirza, Additional Advocate General for the State. Heard on application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted for the offence punishable under Section 506 IPC and Sections 6 of POCSO Act vide judgment of conviction and order of sentence dated 22.06.2018 passed by the 5th Upper Sessions Judge, Durg/Special Judge of POCSO Act, District - Durg (C.G.) in S.T. No. 135/2014.

Learned Counsel for the appellant submits that allegation made by the prosecutrix against her own elder brother that she was being sexually exploited in her own house since the age of 9 years, appears to be highly improbable and it is a case of false implication because during this period she has not reported it to anybody and after long time the report has been lodged before police station. This appears to be a case of false implication because the prosecutrix herself is a girl of easy virtue and earlier also she has left the house.

On the other hand learned State Counsel submits that evidence of the prosecutrix against her own brother, without there being any specific evidence of why she would falsely implicate her own brother, coupled with the medical evidence have been made the basis for conviction. After having heard learned counsel for the parties and the materials available on record as also the evidence of the prosecutrix it is not a case for suspension of sentence and grant of bail to the appellant. Accordingly, the application for suspension of sentence and grant of bail is rejected.

                            Sd/-                                      Sd/-
              ( Manindra Mohan Shrivastava )                 (Narendra Kumar Vyas)
                       JUDGE                                       JUDGE




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