Kamesh Das @ Rinku Manikpuri vs State Of Chhattisgarh
2022 Latest Caselaw 2704 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                CRA No. 1031 of 2021

  • Kamesh Das @ Rinku Manikpuri S/o Shri Aleshwar Manikpuri Aged About 19
    Years R/o Village Nansiya, Out Post Jutemill, Police Station City Kotwali, District
    Raigarh Chhattisgarh

                                                                        ----Appellant

                                       Versus

  • State Of Chhattisgarh Through Station House Officer, Of The Police Station
    Ajak Tahsil And District Raigarh Chhattisgarh

                                                                     ---- Respondent

26.04.2022 Mr. Abhishek Saraf, counsel for the Appellant.

Mr. Soumya Rai, PL for the State.

Heard on application filed under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail.

By the impugned judgment dated 08.09.2021 passed by the

learned Additional Sessions Judge, Fast Track Court, Raigarh (C.G.)

in Special Criminal Case under the POCSO Act No.22/2021, the

appellant stands convicted as under:-

                   Conviction                          Sentence

             U/s 363 of IPC        R.I. for 7 years and fine of Rs. 1,000/- with
                                   default stipulation.

             U/s 366 of IPC        R.I. for 10 years and fine of Rs. 2,000/-
                                   with default stipulation.

U/s 376(2)(k)(n) of R.I. for 10 years and fine of Rs. 15,000/-

IPC with default stipulation.

U/s 6 of the POCSO R.I. for 20 years and fine of Rs. 25,000/-

Act with default stipulation.

U/s 3(1)(w)(ii) of the R.I. for 3 years and fine of Rs. 1,000/- with SC/ST (Prevention of default stipulation. Atrocities) Act.

U/s 3(2)(v) of the R.I. for life imprisonment and fine of Rs. SC/ST (Prevention of 15,000/- with default stipulation. Atrocities) Act.

Learned counsel for the appellant, after arguing at length,

seeks to withdraw the application for suspension of sentence and

grant of bail. However, in view of School Admission Register (Ex.

P/17C,) and considering the statement of Prosecutrix (PW-1) and

mother of the victim, Asha Chouhan (PW-2), we are of the

considered opinion that the present is not a fit case to release the

appellant on bail.

Accordingly, application for suspension of sentence and

grant of bail is rejected.

            Sd/-                                          Sd/-
        (Sanjay K. Agrawal)                        (Rajani Dubey)
              Judge                                       Judge




V/-