Santosh Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2866 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                  CRA No. 1299 of 2019


Santosh Sahu, S/o. Late Dharmu Sahu, Aged About 50 Years, R/o. Birjhapur, Police
Station Dhamdha, District - Durg, Chhattisgarh.
                                                                  ---- Appellant
                                      Versus
State Of Chhattisgarh, Through The Station House Officer, Police Station Dhamdha,
District Durg, Chhattisgarh.
                                                                   ----Respondent

25.10.2021 Mr. Manoj Kumar Jaiswal, Advocate for the Appellant.

Mr. Avinash Singh, Panel Lawyer for the State.

Heard on I.A.No.1, application for suspension of sentence and

grant of bail.

Appellant has been convicted by the judgment dated 31.07.2019

passed by the learned Court below in Special Sessions Case

No.91/2018 in the following manner with a direction to run the

sentences concurrently.

                     Conviction                             Sentence

             U/s. 376(2) of I.P.C.         : R.I. for Life Imprisonment and fine
                                             amount of Rs.5000/-.

             U/s. 377 of I.P.C.            : R.I. for 10 years & fine of Rs.500/-.

             U/s. 6 of POCSO Act.          : R.I. for 10 years & fine of Rs.500/-.

                                              In default of payment of fine amount, 2
                                              months additional S.I.

As per the prosecution case, the appellant committed forceful

sexual intercourse with the minor girl of aged about 9 years and when

the incident was disclosed by the victim to her mother, the incident came to fore.

Learned counsel for the appellant submits that there is no

evidence in this case. He would further submit that the entire conviction

is based on the statement of the victim and hearsay evidence of mother

and the Doctor has not fully supported the happening of the incident

and medically it has not been proved. He submits that the appeal may

take some time for hearing and this is a case of no evidence, therefore,

the substantive jail sentence of the appellant may be suspended and he

may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail.

Perused the documents and the statement of PW-1, victim aged

about 9 years and statement of PW-2, mother of the victim Smt. Rekha.

The PW-1 has made a positive statement and the statement is also

corroborated by evidence of PW-5, the Doctor.

Having considered the statement of PW-1, PW-2 & PW-5, we do

not find it fit case to suspend the sentence and grant bail to the

appellant. Accordingly, I.A.No.1, application for suspension of sentence

and grant of bail is rejected.

                     Sd/-                               Sd/-
               (Goutam Bhaduri)                 (Arvind Singh Chandel)
                     Judge                             Judge



Ashok