Pappu Gaikwad vs State Of Chhattisgarh
2022 Latest Caselaw 2333 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                            Criminal Appeal No. 158 of 2021

         Pappu Gaikwad, S/o Maya Ram Gaikwad, aged about 24 years, R/o
         Chorbhathi, P.S. - Kharora, Distt - Raipur (C.G.)

                                                                               ----Appellant

                                            Versus

       State of Chhattisgarh: Through, The Station House Officer, P.S. - Kharora,
         District Raipur (C.G.)

                                                                           ---- Respondent

08.04.2022 Mr. A.N. Pandey, counsel for the appellant.

Mr. Amit Singh Chouhan, PL for the State.

Mr. C.R. Chouhan, counsel for the complainant/Objector. Heard on I.A. No. 2/2021, which is an application for suspension of sentence and for grant of bail to the appellant.

By way of filing this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 02.03.2020 passed by Additional Sessions Judge, 1 st Fast Track Special Judge, Raipur, District Raipur (C.G.) in Special Sessions Trial No. 125/2017, whereby he has been convicted and sentenced as under :-

             Sr.       Section           Act          Jail sentence Fine sentence Default
             No.                                                                  stipulation

             1.     363          Indian Penal Code    Two year     Rs.500/-        15         days
                                                                                   additional RI

             2.     366           Indian Penal Code   Three year   Rs.1000/-       1        month
                                                                                   additional RI
       3.     376(2)(n)     Indian Penal Code    10 years   Rs.5000/-       3        month
                                                                           additional RI

All the jail sentences were ordered to run concurrently.

Learned counsel for the appellant submits that it is a case of consent, as victim/prosecutrix herself has gone in the house of co-accused - Rajkumar Gaikwad. It is further submitted that on the date of incident, victim/prosecutrix was not minor and the appellant has a good case for grant of bail and, therefore, the sentence imposed upon the appellant may be suspended.

On the other hand, learned counsel for the State strongly objected the submissions made by counsel for the appellant.

Today, victim/prosecutrix appeared alongwith her father and her counsel in person before this Court. They submitted strong objection in respect of application for suspension of sentence and for grant of bail to the appellant.

I have heard learned counsel for the parties and also considered the statement of victim/prosecutrix and her father.

Considering the statement of victim/prosecutrix (PW-1) and her father Dhaniram Banjare (PW-2), I am not inclined to suspend the sentence imposed upon the appellant. Accordingly, application (I.A. No. 01/2021) for suspension of sentence and grant of bail to the appellant is hereby rejected.

List this case for final hearing.

Sd/-

(N.K. Chandravanshi) Judge

D/-

(N.K. Chandravanshi) Judge

D/-