Sanjeev Kumar Kujur @ Dadu vs State Of Chhattisgarh
2022 Latest Caselaw 3945 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                       CRA No. 541 of 2021
                Sanjeev Kumar Kujur @ Dadu and others Versus State of Chhattisgarh
    Division Bench:

    Hon'ble Shri Justice Sanjay K. Agrawal &
    Hon'ble Shri Justice Sachin Singh Rajput




22/06/2022

Mr. Yogendra Chaturvedi, Advocate for the appellants.

Mr. Sudeep Verma, Deputy Government Advocate for the State.

Heard on IA No.03, which is an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellants.

By impugned judgment of conviction and order of sentence dated 26.03.2021, the appellants have been convicted for offence: under Section 366 of IPC and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.1,000/- each and, in default of fine, additional rigorous imprisonment of 01 month, under Section 342 of IPC and sentenced to undergo 01 years rigorous imprisonment with fine of Rs.500/- each and, in default of fine, additional rigorous imprisonment of 01 month and under Section 376(D) of IPC and sentenced to undergo 25 years rigorous imprisonment with fine of Rs.5,000/- each and, in default of fine, additional rigorous imprisonment of 02 months.

Learned counsel for the appellants submits that the appellants are in jail since 27.082019. They have not committed any offence and have been falsely implicated. The learned trial Court without appreciating the oral and documentary evidence available on record convicted the appellants for the aforementioned offences by recording perverse findings, which is contrary to law, thus, appellants be enlarge on bail by suspending their jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellants have committed gang rape with the prosecutrix, who is a deaf and dumb girl. By taking this Court to the statement of prosecutrix (PW-09) and other medical evidence available on record i.e. medical examination report of the prosecutrix (Ex.P-15), FSL report (Ex.P-43) and DNA report (Ex.P-47), he submits that there is sufficient material available on record to connect the appellants- accused persons with the offence and the learned trial Court has rightly convicted the appellants for the offences aforementioned and, therefore, the present application deserves to be rejected.

After hearing learned counsels for the parties and taking into consideration the material available on record particularly the statement of the prosecutrix (PW-

09), who is a deaf and dumb girl and has clearly narrated the incident of gang rape with her committed by the appellants-accused persons, which statement was duly proved by the medical evidences i.e. FSL report (Ex.P/43), wherein spots of human sperm/semen have been found on the vagina slide of the victim as also on the undergarments of the accused persons and DNA report (Ex.P/47) in which it has been opined that DNA profile of the appellants-accused persons have been clearly found mixed in the vagina slide of the prosecutrix, thus, we do not see any good reason to entertain this application for suspension of sentence and grant of bail and same deserves to be rejected.

Accordingly, IA No.03 is rejected.

                          Sd/-                                      Sd/-
                   (Sanjay K. Agrawal)                     (Sachin Singh Rajput)
                        Judge                                      Judge




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