Dinesh Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 2687 Chatt

                                                                                        NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No.658 of 2021

 •   Dinesh Yadav, S/o Manrakhan Yadav, Aged About 27 Years, R/o Sanjay Chouk,
     Rasamda, Police Chowki Anjora, Police Station Pulgaon, District : Durg,
     Chhattisgarh

                                                                                ---- Appellant

                                         Versus

  • State of Chhattisgarh, Through Station House Officer, Police Station Pulgaon, District
    : Durg, Chhattisgarh

                                                                            ---- Respondent

04.10.2021 Mr. Arun Kumar Shukla, Counsel for the Appellant.

Mr. Jitendra Shukla, PL for the State/Respondent.

Heard on prayer for suspension of sentence and grant of bail to

the appellant.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 25.03.2021 passed by the

learned First Fast Track Special Judge (POCSO Act)/Additional

Sessions Judge, Durg, District - Durg (Chhattisgarh) in Special

Sessions Case No. - 68/2018.

Learned counsel for the appellant would argue that the

prosecutrix stating that she was being subjected to rape is improbable

and does not inspire confidence. No major injury has been found on any

part of the body of the prosecutrix. It is a case of false implication. On the other hand, learned State counsel opposes and submits

that the conviction is based on evidence of the prosecutrix who is

merely 12 years of age and the evidence of the doctor who treated the

prosecutrix and the FSL report.

Considering the submission of learned counsel for the parties

and the material evidence on the basis of which conviction has been

ordered present does not appear to be a fit case for grant of bail,

accordingly the application is, therefore, rejected.

List this case for final hearing.

                      Sd/-                                       Sd/-
         (Manindra Mohan Shrivastava)                     (Vimla Singh Kapoor)
                     Judge                                       Judge




Yasmin