Lavkush Purre vs State Of Chhattisgarh
2022 Latest Caselaw 7606 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRA No. 111 of 2022

     Lavkush Purre S/o Rajendra Kumar Purre, Aged About 19 Years, R/o Bhathapara
      Amartal, P.S. Akaltara District Jangir-Champa C.G.
                                                                             ---- Appellant
                                           Versus

   State Of Chhattisgarh, Through P.S. Akaltara District Jangir-Champa C.G.

                                                                           ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Rakesh Mohan Pandey

15-12-2022 Mr. F.S. Khare, Advocate the appellant.

Mr. Ishan Verma, P.L. for the State.

Heard on I.A.No.1/2021, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 15-09-2021 passed in Special Sessions Case No.81/2020 by the Special Judge (POCSO Act), Janjgir, District Janjgir- Champa (C.G.) in the follwing manner:-

             Sl. No. Conviction              Sentence
             1.       U/s 342 of the IPC     R.I. for 01 year and Fine of Rs.500/- in default of
                                             fine Additional R.I. for 10 days,

2. U/s 6 of POCSO Act R.I. for 20 years and Fine of Rs.5000/- in default of fine additional R.I. for 100 days.

All the sentences have been directed to be run concurrently Learned counsel for the appellant submits that the prosecution has failed to establish the case against the appellants beyond reasonable doubt. The conviction and sentence against the appellant passed by the trial Court is erroneous as there are contradictions and omissions in the statement of prosecution witnesses and the evidence of the victim is unreliable. The appellant has good grounds to succeed in this appeal. The appellant is jail since 17-09- 2020. Therefore, it is prayed that he may be enlarged on bail.

On the other hand, learned counsel for the State opposes the application for suspension of sentence and grant of bail.

We have heard learned counsel for the parties and perused the record.

Considering the statement of the victim (PW-1), mother of the victim (PW-2), father of the victim (PW-3), brother of the victim (PW-7) and considering that the age of victim was below 12 years on the date of incident and other evidence, we do not find it to be a fit case for suspension of sentence and grant of bail.

Accordingly, I. A.No.1/2021, application for suspension of sentence and grant of bail to the appellant is rejected.

                          Sd/-                                   Sd/-
                  (Sanjay K. Agrawal)                   (Rakesh Mohan Pandey)
                        Judge                                   Judge




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