Tibbatlal Giri vs State Of Chhattisgarh
2022 Latest Caselaw 5372 Chatt

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                                                                   CRA No. 1661 of 2021



                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               CRA No. 1661 of 2021

 Tibbatlal Giri S/o Nohri Ram Giri, aged about 45 years, R/o Bhudumar (Sayar),
   Chowki - Kedma, District Surajpyur, C.G.

                                       Versus

 State Of Chhattisgarh, through Station House Officer, Police Station - Adim Jati
   Kalyan, (AJK), Ambikapur, District Surajpur, C.G.

   Division Bench:-

   Hon'ble Shri Justice Sanjay K. Agrawal &
   Hon'ble Shri Justice Sachin Singh Rajput




24.08.2022         Mr. Harishankar Patel, counsel for the appellant.

                   Ms. Ruchi Nagar, Dy. G.A. for the State / respondent.

Heard on I.A. No.1, application for suspension of sentence and

grant of bail.

By the impugned judgment dated 30.11.2021 passed by the

Additional Sessions Judge, Fast Track Court (POCSO Act),

Ambikapur, District Surajpur, C.G. in Special Criminal Case (POCSO)

No. 24/2020 the present appellant has been convicted as under:-

                          Conviction                        Sentence

             Under Section 376(2)(झ) of IPC      Imprisonment of life and fine of
                                                 Rs.1000/-, in default of payment
                                                 of fine 6 months further R.I.

                                                          CRA No. 1661 of 2021


Under     Section 3   (2-5)    of Imprisonment of life and fine of

Scheduled Castes & Scheduled Rs.1000/-, in default of payment Tribes (Prevention of Atrocities) of fine 6 months further R.I. Act, 1989

Under Section 323 of IPC R.I. for one year and fine of Rs.500/-, in default of payment of fine 3 months further R.I.

Mr. Harishankar Patel, learned counsel for the appellant,

submits that the appellant has falsely been implicated in crime in

question and he has been convicted by recording a finding which is

perverse to the record. He is in custody since 26.02.2020, therefore,

application may be allowed and the appellant may be released on

bail.

Per contra, Ms. Ruchi Nagar, learned State counsel, opposes

the prayer made by learned counsel for the appellant and submits that

on the basis of statements of prosecutrix / victim (PW-5), Dr. J.P. Sahu

(PW-2) and FSL report (Ex.P/21) the learned trial Court has rightly

convicted the appellant for the aforesaid offence and, as such, the bail

application of the appellant deserves to be rejected.

We have heard learned counsel for the parties and considered

their rival submissions and also perused the records with utmost

circumspection.

Taking into consideration the facts and circumstances of the

case, nature and gravity of offence and statements of

CRA No. 1661 of 2021

prosecutrix/victim (PW-5), Dr. J.P. Sahu (PW-2) and further

considering the FSL report (Ex.P/21) in which on article A & B i.e. slide

and undergarment of prosecutrix respectively, stains of semen and

human sperm were found and further considering the other materials

available on record, we are not inclined to grant bail to the present

appellant. Accordingly, I.A. No.1 is rejected.

                       Sd/-                                         Sd/-
               (Sanjay K. Agrawal)                         (Sachin Singh Rajput)
                     Judge                                         Judge




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