Jai Kumar Ratre @ Fugga vs State Of Chhattisgarh
2022 Latest Caselaw 3912 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet
                               CRA No. 1331 of 2021

             Jai Kumar Ratre @ Fugga Versus State Of Chhattisgarh




21/06/2022

Shri Anand Kesharwani, counsel for the appellant/s.

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

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

The appellant has been convicted for the offences punishable under Section 376 (d [k) of IPC and sentenced to undergo life imprisonment and fine of Rs.10,000/- ( in default to suffer R.I. of 1 yr.), Section 5 (>) of POCSO Act and sentenced to undergo R.I. of 20 yrs, and fine of Rs.10,000 (in default to suffer 6 yr R.I.) and Section 325 of IPC and sentenced to undergo R.I. of 7 years and fine of Rs.3,000/- (in default to suffer 4 months R.I.) by the learned Upper Sessions Judge/ 2nd Fastrack Special Court, District - Raipur (CG) in Special Criminal (Pocso) Trial No.149/2021 vide judgment and order of sentence dated 28/08/2021. He has challenged the same in this appeal.

Learned counsel for the appellant would submit that the appellant has been falsely implicated and he has not committed any offence and there are contradictions and omissions in the evidence of the prosecution witnesses.

Learned State counsel would submit that the prosecutrix, who is a minor, herself has stated in her cross-examination that the appellant has committed rape on her.

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 material available on record, particularly the statement of the prosecutrix and also the medical evidence we do not find it to be a fit case for suspension of sentence and grant of bail. I.A.No.1 is, accordingly, rejected.

List the matter for final hearing.

                         Sd/-                                Sd/-

                ( Sanjay K. Agrawal)                 (Sachin Singh Rajput)
                       Judge                               Judge




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