Chattisgarh High Court
Vedprakash @ Bodru vs State Of Chhattisgarh on 12 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1133 of 2021
Vedprakash @ Bodru Son of Budharu Ram Patel Aged About 19 Years Resident of
Siriyadih, Chowki Lawan, Police Station Kasdol, District Baloda Bazar-Bhatapara
(Chhattisgarh)
---- Appellant
Versus
State of Chhattisgarh Through Station House Officer, Police Station Kasdol, District
Baloda Bazar-Bhatapara (Chhattisgarh)
---- Respondent
Shri Satya Prakash Verma, Advocate for the appellant.
12-04-2022
Shri Amit Singh Chauhan, Panel Lawyer for the State/respondent.
Heard on I.A. No. 1/2021, application under Section 389 of the Cr.P.C.
for suspension of sentence and grant of bail to the appellant.
By this criminal appeal, the appellant has challenged the impugned
judgment of conviction and order of sentence dated 28-09-2021, passed by
the learned Upper District and Sessions Judge F.T.S.C. (POSCO Act),
Baloda Bazar in Misc. Criminal Case (POCSO) No.07/2020, whereby he has
been convicted and sentenced as under :-
Sr. No. Section Act Jail sentence Fine sentence Default
stipulation
1. 363 IPC Rigorous 500 Additional
Imprisonment for R.I. for 3
3 years months.
2. 366 IPC Rigorous 500 Additional
imprisonment for 3 R.I. for 3
years months
3. 4/376 POCSO/IPC Rigorous 500 R.I. for 3
imprisonment for months.
10 years
All the jail sentences have been directed to run concurrently.
Learned counsel for the appellant submits that there is contradiction
regarding identification of appellant/accused in the statement of
victim/prosecutrix. He further submits that date of birth has also not been
proved by adducing concrete evidence by the prosecution, whereas,
victim/prosecutrix was above 18 years of age at the time of incident. He
further submits that appellant has completed about three years of his jail
sentence. He has a good arguable case on merit, final hearing of the case is
likely to take some more time, hence, his jail sentence may be suspended till
the final conclusion of appeal.
On the other hand, learned counsel for the State opposes the
application for suspension of sentence and grant of bail to the appellant
stating that the appellant has been convicted on the basis of concrete and
reliable evidence, hence, application for suspension of sentence and grant
of bail is liable to be dismissed.
I have heard learned counsel for the parties and perused the
impugned judgment.
Considering the statement of victim/prosecutrix, who once stated that
she did not recognize the appellant/accused and later on, she has stated
that she recognized him and also considering the marginal age of
victim/prosecutrix and evidence available on record for proving her date of
birth, I feel inclined to suspend the remaining jail sentence of appellant.
Accordingly, IA No.01/2021, application under Section 389 of the
Cr.P.C. for suspension of sentence and grant of bail to the appellant is
allowed.
It is directed that execution of substantive jail sentences imposed on
the appellant shall remain suspended during the pendency of this appeal
and he shall be released on bail on his furnishing a personal bond in a sum
of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial
Court. The appellant shall appear before the Registry of this Court on
12-07-2022 and thereafter he shall appear before the trial Court on a date to
be given by the Registry on this behalf and shall continue to appear there on
all such subsequent dates as are given to him by the said Court, till the
disposal of the appeal.
List this case for final hearing in due course.
SD/-
(N.K. Chandravanshi)
Judge
Amardeep
