Chattisgarh High Court
Brijesh Korram vs State Of Chhattisgarh on 5 January, 2022
1
HIGH COURT OF C4HHATTISGARH, BILASPUR
Order Sheet
CR.A. No. 651 of 2021
Brijesh Korram, S/o. Mr. Maniram Korram, aged about 25 years, R/o. Village
Toyenar Dobhgipara, P. S. Jharaghati, District Narayanpur Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer, P. S. Jharaghati, District
Narayanpur Chhattisgarh
---- Respondent
Mr. Raza Ali, counsel for the appellant.
05/01/2022
Mr. Soumya Rai, P.L. for the State.
Heard on I.A. No.1/2021, application under Section 389 of
Cr.P.C. for suspension of sentence and grant of bail.
Appellant has been convicted by the judgment of conviction
and order of sentence dated 11.06.2021, passed in POCSO Case
No.24/2019, by the learned Additional Sessions Judge (FTC),
Kondagaon (C.G.) in the following manner with a direction to run all
the sentences concurrently :-
U/s. 366 of the I.P.C. : R.I. for 7 years and fine of
Rs.25,000/- and in default of
payment of fine, further undergo
1 year rigorous imprisonment
more.
U/s. 376 of I.P.C. : Convicted but no sentences
U/s. 6 of the POCSO Act : R.I. for 30 years and fine of
Rs.25,000/- and in default of
payment of fine, further undergo
1 year rigorous imprisonment
more.
Learned counsel appearing for the appellant would submit
that the conviction of the appellant for the offences mentioned here-
in-above is baseless and without any support of evidence of the
prosecution beyond reasonable doubt. Prosecutrix (P.W.-1) herself
has not made any statement against the appellant. She was also
not declared hostile by the prosecution. She has clearly denied
about having any physical relation with the appellant. The
conviction is based only on the hearsay evidence of (P.W.-2), the
mother of the prosecutrix and (P.W.-4) Ghadwaram Salam, the
father of the prosecutrix and DNA report (Ex.P-36). Even if it is
assumed that child born to the prosecutrix was biological child of
the appellant in that case, it can be regarded as a result of
consensual relation of the appellant with the prosecutrix. The
prosecutrix (P.W.-1) has herself admitted in her deposition that she
was of age above 18 years on the date of incident. Her mother
(P.W.-2) and father Ghadwaram Salam (P.W.-4) have not given any
exact date of birth and the statement of Gaurav Kumar Dey (P.W.-
8) on the basis of the entry in the school register, which is not
conclusive in any respect, looking to the admissions made by him in
the cross-examination. Therefore, appellant has good case to argue
in this appeal. Hence, it is prayed that the sentence awarded to the
appellant may be suspended and he may be enlarged on bail.
Per contra, the learned State counsel opposes the prayer for
suspension of sentence and grant of bail. It is submitted that
although the prosecutrix has not supported the prosecution case,
but there are circumstantial evidence present and the DNA report
(Ex.P-36) is strong circumstances in proof that the appellant and
the prosecutrix has cohabited as result of which, child birth took
place. Hence, the application is not fit to be allowed.
We have heard the learned counsel for the parties and
perused the records of the trial Court.
Considered on the submissions and perused the evidence
present on record of the trial Court. Taking into consideration the
admission of the prosecutrix (P.W.-1) and the other evidence
regarding her age and also other circumstances present, we are of
the considered opinion that it is a fit case to suspend the sentence
and release the appellant on bail.
Accordingly, I.A. No.1/2021, application for suspension of
sentence and grant of bail, is allowed.
Execution of substantive jail sentence imposed on appellant
shall remain suspended and he is directed to be released on bail on
his executing a personal bond for a sum Rs.50,000/- with one
surety for the like sum to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 25th March, 2022.
He shall thereafter appear before the trial Court on a date to be
given by the Registry of this Court and shall continue to appear
there on all such subsequent dates as are given to him by the said
Court, till the disposal of this appeal.
Certified copy as per rules.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
balram
