Mahendra Singh @ Pappu vs State Of Chhattisgarh
2021 Latest Caselaw 3415 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                           CRA No. 1679 of 2019

   Mahendra Singh @ Pappu S/o Late Ram Kumar Singh, aged about 35
   years R/o Police Chowki Dafai, Koriya Colliery, P.S: Chirmiri, District :
   Koriya, Chhattisgarh

                                                                 ---- Appellant

                                   Versus

   State of Chhattisgarh through the Station House Officer, Police Station
   Chirmiri, District: Koriya Chhattisgarh.

                                                             ---- Respondent

30.11.2021 Mr. Jeet Patel, Counsel for the appellant.

Mr. Rajendra Tripathi, P.L. for the State/Respondent. Heard on I.A. No.1/2019 for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 19.09.2019 passed in Special Criminal Case (POCSO) No.04/2019 by learned Special Judge (Under POCSO Act) Baikunthpur, Koriya, Chhattisgarh, the appellant stands convicted as mentioned below:

                 Conviction               Sentence                In Default

              U/s 376 (3) of Imprisonment for life In              default        of
              IPC                  with a fine amount of payment        of     fine
                                   Rs.1,00,000/-           amount
                                                           imprisonment for 6
                                                           months.
                 Learned     counsel   while pressing        the    application   for

suspension of sentence would submit that the prosecution has failed to prove the offence beyond reasonable doubt. He would submit that in Para 9 of cross-examination of prosecutrix (PW-1), she has made certain admission which goes to show that no offence has been committed by the appellant as such, therefore, the sentence is liable to be suspended and the appellant may be granted benefit of bail.

Per contra learned counsel for the State would submit that in view of the statements of PW-1 (Prosecutrix), PW-2 (Mother of prosecutrix) and PW-4 (Sister of the prosecutrix) and taking into consideration the medical report i.e. Exhibit-P/13, the application for suspension of sentence and grant of bail of the appellant may be rejected.

We have heard learned counsel for the parties and perused the record of the Trial Court.

Taking into consideration the age of the prosecutrix (PW-1), who is held to be 14 years and the statements of her Mother (PW-

2) and her sister (PW-4) and further taking into consideration the medical report (Exhibit-P/13) and taking in account other attendant circumstances, we are not inclined to release the appellant on bail.

According, I.A. No.1/2019 for suspension of sentence and grant of bail to the appellant is rejected.

                         Sd/-                                       Sd/-
                 (Sanjay K. Agrawal)                    (Arvind Singh Chandel)
Saurabh
                         Judge                                    Judge