Tejram Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 2147 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                  CRA No. 1340 of 2021
Tejram Yadav S/o Late Lakhanlal Yadav Aged About 32 Years Resident Of Near Saraswati
Shishu Mandir, Rajkishore Nagar, Police Station-Sarkanda, District- Bilaspur (Chhattisgarh)
                                                                              ---- Appellant
                                         Versus
State Of Chhattisgarh Through The Station House Officer, Police Station- Sarkanda,
District- Bilaspur (Chhattisgarh)
                                                                           ---- Respondent

05/04/2022 Mr. U.K.S. Chandel, Advocate for the appellant

Mr. Roshan Dubey, PL for the State.

This is an admitted appeal.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

By the impugned judgment dated 27/10/2021 passed in Special Sessions Case No. 107/2020 by the Additional Sessions Judge/ First FTSC, (POCSO), Bilaspur (C.G.)., the appellant has been convicted and sentenced under the following manner:-

                              Conviction                           Sentence
              U/s 354 of the IPC.                   RI for 1 year and to pay fine of Rs.
                                                    200/- with default stipulation.
              U/s 506 Part-II of the IPC            RI for 1 year and to pay fine of Rs.
                                                    200/- with default stipulation.

U/s 9 (L)(M)(N)/10 of the Protection RI for 5 years and to pay fine of Rs. of Children from Sexual Offences 500/- with default stipulation. Act, 2012 U/s 12 of the Protection of Children RI for 1 year and to pay fine of Rs. from Sexual Offences Act, 2012 200/- with default stipulation.

Counsel for the appellant submits that the appellant has a good case and has every hope to succeed the appeal on merits. There is no evidence to show that the appellant has committed the offence. The appellant was on bail during trial and he had not misused the liberty. The appellant is ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by this Hon'ble High Court, so, he prays to suspend the jail sentence of the appellant.

Per contra, counsel appearing on behalf of the State opposes the application for suspension of sentence and grant of bail and submits that the appellant who is real uncle of the prosecutrix exploited her. The mother of the prosecutrix has died and the father of the prosecutrix has solemnized second marriage. Considering the nature of evidence, application for suspension of sentence and grant of bail may be rejected.

The prosecutrix along with another uncle has appeared before this Court and has not objected the bail.

I have heard counsel for the parties and perused the impugned judgment.

Having considered the submissions of the parties and nature of evidence, this Court is of the view that it is not a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, I.A. No. 01/2022 is dismissed.

Post the matter for final hearing in due course.

Sd/-

(Deepak Kumar Tiwari) Judge

Rahul