Prakash Kaushik vs State Of Chhattisgarh
2022 Latest Caselaw 4784 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet CRA No. 584 of 2020

Prakash Kaushik Versus State Of Chhattisgarh

Division Bench :-

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

26/07/2022 Shri Anand Kesharwani, counsel for the appellant/s.

Shri Anmol Sharma, Panel Lawyer for the State.

Heard on I.A.No.1/21, 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 07/03/2020 passed by learned Special Judge (POCSO Act, 2012), Pathhalgaon, District - Jashpur (CG) in Special S.T. (Pocso) No.08/2019. The appellant has challenged the same in this appeal.

Case of the prosecution, in brief, is that the appellant committed sexual abuse on a boy who is a minor of about 4 years of age.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has been falsely implicated. There are many contradiction and omission in the evidence of the prosecution witnesses. It is further submitted that the prosecution could not prove its case beyond reasonable doubt.

Learned State counsel submits that the statement of the doctor and FSL report involves the appellant in the alleged commission of offence.

We have heard learned counsel for the parties, considered their rival submissions made herein above and also went through the records with utmost circumspection.

Taking into consideration the statement of Dr.J.Minj - Medical Officer (PW10), who has examined the minor victim and further considering the medical report (Ex.P/6) and also the FSL report dated 04/08/2018, we are not inclined to suspend the sentence and grant bail to the appellant. I.A.No.1/21 is accordingly rejected. However, within 10 days from today, explanation be called from the Judicial Officer who has delivered judgment as to why FSL report dated 04/10/2018 was not exhibited though it was brought on record much prior to the delivery of judgment. The matter be listed thereafter for consideration on 16/08/2022.

                      Sd/-                               Sd/-

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




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