Sukanyapuri Goswami vs State Of Chhattisgarh
2022 Latest Caselaw 164 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                                CRA No. 928 of 2021

• Sukanyapuri Goswami, W/o Late Ajaypuri, Aged about 25 years, R/o Barakonpara
  Bilaitangar, P.S. Pathalgaon, District Jashpur (C.G.).

                                                                          ---- Appellant

                                      Versus

• State of Chhattisgarh, through- Police Station- Pathalgaon, District- Jashpur (C.G.).

                                                                      ---- Respondent

10.01.2022 Mr. Suresh Kumar Verma, counsel for the Appellant.

Mr. Rajendra Tripathi, P.L. for the State/Respondent. Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 31.07.2021 passed in Sessions Case No. 18/2020 by the learned Additional Sessions Judge, Pathalgaon, District- Jashpur (C.G.), the appellant stands convicted as mentioned below:

                   Conviction               Sentence                In Default

              U/s 302 of the IPC Life          imprisoment In default of payment of

and fine amount of fine amount additional RI Rs.1000/-. for 01 year.

U/s 201 of the IPC RI for 05 years and In default of payment of fine amount of fine amount additional RI Rs.1000/-. for 01 year.

Learned counsel for the appellant submits that the conviction of the appellant by the learned trial Court is erroneous and without support the evidence of prosecution beyond reasonable doubt. The conviction is based only on the deposition of the child witness namely Nehapuri Goswami (PW-07) which is not corroborated by any other witnesses and further the circumstances of the incident themselves show that the charge against the appellant was highly improbable. Hence, it is prayed that the application of the appellant may be allowed.

On the other hand, learned counsel for the State has opposed the bail application and submissions made in this respect. He further submits that the prosecution has proved its case beyond reasonable doubt. The statement of Nehapuri Goswami (PW-07) is reliable, she had been relied upon by the learned trial Court and further there are circumstances present which corroborate the statement of Nehapuri Goswami (PW-07), therefore, no error has been committed by learned trial Court in convicting the appellant, it is a clear case of conviction of offence and the conviction is sustainable, therefore, the application may be rejected.

Considering on the submissions made by the learned counsel for the parties, perused the record of the trial Court, we are of the considered view that it is not a fit case where such an application should be allowed.

Accordingly, application (I.A. No. 01/2021) for suspension of sentence and grant of bail is rejected at this stage.

List this case for final hearing in its due course.

                           Sd/-                           Sd/-       Sd/-
                                Sd/-
                    (R.C.S. Samant)             (Arvind Singh Chandel)
Vasant
                        Judge                           Judge