Nohar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2074 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                             Proceedings through Video Conferencing

                                 Criminal Appeal No.384 of 2020

   • Nohar Sahu S/o Ramji Sahu Aged About 41 Years R/o Village Darripar, Police Station
     Fingeshwar Chhattisgarh, Presently Residing At D.N.K. Colony, Narayanpur, Police
     Station Narayanpur, District- Narayanpur, Chhattisgarh.

                                                                            ---- Appellant

                                            Versus

   • State Of Chhattisgarh Through Station House Officer, Police Of Police Station-
     Narayanpur, District- Narayanpur, Chhattisgarh.

                                                                          ---- Respondent

31.8.2021 Shri Qamrul Aziz, counsel for the appellant.

Shri Ashutosh Mishra, Panel Lawyer for the State/respondent.

Heard on IA No.01/2020, application for suspension of sentence and grant of bail.

The appellant has been convicted under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, and sentenced to undergo life imprisonment and to pay fine of Rs.10,000/- with default stipulations vide judgment of conviction and order of sentence dated 28.01.2020 passed in POCSO Case No.36/2018 by learned Additional Sessions Judge (FTC), Kondagaon Distt. Kondagaon (CG).

Learned counsel for the appellant would argue that the allegations levelled against the appellant by the prosecution are highly improbable. He submits that the prosecutrix is a tutored witness.

On the other hand, learned counsel for the State opposing the application submits that conviction of the appellant is based on reliable testimony of the prosecutrix and there is no evidence that she is a tutored witness and also evidence of the prosecutrix is fully corroborated from the medical evidence.

Considering the submissions made by learned counsel for the parties, and also taking into consideration the medical evidence on the basis of which conviction has been ordered, we do not consider present to be a fit case for suspension of sentence and grant of bail at this stage.

The application is according rejected.

                      Sd/-                                          Sd/-

          (Manindra Mohan Shrivastava)                      (NK Chandravanshi)

                     Judge                                         Judge




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