Sanjay Das Panika @ Godane vs State Of Chhattisgarh
2021 Latest Caselaw 1450 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   CRA No. 1640 of 2019

    Sanjay Das Panika @ Godane S/o Late Rama Das, aged about 23 years, R/o Village
    Bakirma, District Sarguja, Chhattisgarh. At Present R/o Village Salka, Police Station
    Udaypur, District : Surguja (Ambikapur), Chhattisgarh

                                                                               ---- Appellant

                                           Versus

    State of Chhattisgarh through Police Station Udaypur, District : Surguja (Ambikapur),
    Chhattisgarh

                                                                            ---- Respondent

29.07.2021 Mr. Suresh Kumar Verma, Counsel for the Appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent.

Heard on I.A. No. 01/2019, an application for suspension of sentence

and grant of bail to the Appellant.

By the impugned judgment date 24.09.2019 passed in Special Trail

(Atrocity) Case No.63/2017 by the learned Special Judge (Atrocity) (Sarguja),

District: Sarguja (Ambikapur) (C.G.) the Appellant stands convicted as

mentioned below:

                   Conviction                      Sentence                In Default

             U/s 363 of IPC              RI for 02 years with a In default of payment of

fine amount of Rs.500/- fine amount additional RI for 06 months.

             U/s 366 of IPC              RI for 05 years with a In default of payment of
                                         fine     amount      of fine amount additional RI
                                         Rs.1,000/-              for 01 year.

             U/s 343 of IPC              RI for 01 year with a fine In default of payment of
                                         amount of Rs.200/-         fine amount additional RI
                                                                    for 02 months.

             U/s 376 (2) (N) of IPC      RI for 10 years with a In default of payment of
                                         fine     amount      of fine amount additional RI
                                      Rs.2,000/-                   for 02 years.

          U/s 323 of IPC             RI for 06 months with a In default of payment of

fine amount of Rs.200/- fine amount additional RI for 02 months.

Learned counsel for the Appellant submits that the Appellant has been

wrongly convicted by the Trial Court in the judgment without there being any

sufficient evidence available on record. He submits that from the statements of

the prosecutrix (PW-02), it appears that she was a consenting party. He also

submits that there is no conclusive evidence available on record on the basis

of which it can be said that at the time of incident she was below 18 years of

age, therefore, conviction of the Appellant is not sustainable. He lastly submits

that the Appellant is in jail since 11.05.2017 and appeal is likely to take some

more time. Hence, it is prayed that his application be allowed.

On the other hand, Learned counsel for the State has opposed the bail

application and submissions made in this respect.

Heard both the parties and perused the record of the Trial Court.

After perusing the impugned judgment, statements of witnesses and

particularly considering the statements of father of the victim namely Ameer Sai

(PW-01) and the statements of prosecutrix (PW-02) , I am of this opinion that it

is not a fit case to release the Appellant on bail during the pendency of this

appeal.

Accordingly, I.A. No.01/2019 is rejected.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge Saurabh