Gajju @ Gajanand Tiwari vs State Of Chhattisgarh
2022 Latest Caselaw 2125 Chatt

                               HIGH COURT OF CHHATTISGARH, BILASPUR
                                                  Order Sheet
                                            CRA No. 816 of 2021
                            Gajju @ Gajanand Tiwari Versus State of Chhattisgarh




04/04/2022        Mr. Rahul K. Mishra, Advocate for the appellant.

                  Mr. Arjit Tiwari, Panel Lawyer for the respondent-State.

Heard on IA No.01 of 2021, which is an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

By impugned judgment of conviction and order of sentence dated 01.01.2021, the appellant has been convicted for offence under Section 376(a)(b) of IPC and sentenced to undergo life imprisonment till the natural death with fine of Rs.10,000/- and, in default of fine, additional 03 months simple imprisonment and also under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to undergo 05 years rigorous imprisonment with fine of Rs.500/- and, in default of fine, additional 01 month simple imprisonment.

Learned counsel for the appellant submits that the appellant is in jail since 24.08.2018 and learned trial Court has committed grave legal error in convicting the appellant by considering irrelevant evidence and recording perverse findings and, as such, the appellant deserves to be enlarged on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the age of the victim was 06 years on the date of incident and there is ample evidence available on record to connect the appellant with the said offences and, therefore, the application is liable to be rejected.

Having heard the learned counsels for the parties and after going through the material available on record and particularly considering the age of the victim/prosecutrix on the date of incident i.e. 06 years and her statement, we do not find any good ground for entertaining the application for suspension of sentence and grant of bail. Accordingly, IA No.01 of 2021 is rejected.

                                     Sd/-                                              Sd/-
                           (Sanjay K. Agrawal)                                      (Rajani Dubey)
                                 Judge                                                  Judge
   [email protected]