Anil Dhiwar vs State Of Chhattisgarh
2022 Latest Caselaw 4600 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet CRA No. 298 of 2022

Anil Dhiwar Versus State Of Chhattisgarh

Division Bench :-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sanjay S. Agrawal

19/07/2022 Shri Amit Singh Chauhan, counsel for the appellant/s.

Shri Sameer Uraon, Govt. Adv. for the State.

Heard on I.A.No.1/22, application for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment of conviction and order of sentence dated 31/01/2022 passed by learned Additional Sessions Judge (FTC), Bilaspur (CG) in Sessions Trial No.57/2021. The appellant has challenged the same in this appeal.

Case of the prosecution in brief is that the appellant entered the house of the prosecutrix and committed rape on her.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has been falsely implicated. Appellant's wife and the prosecutrix had quarrel. Therefore, out of enmity, false report has been lodged against the appellant.

Learned State counsel would submit that on slide A,B,D of the victim and slide E of the appellant, semen and human spermatozoa were found.

Taking into consideration the statement of the victim (PW1), further taking into consideration that on slide A,B, D and E, semen and spermatozoa were found and other material available on record, we are not inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/22 is rejected.

                      Sd/-                              Sd/-

              ( Sanjay K. Agrawal)                (Sanjay S. Agrawal)
                    Judge                             Judge




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