Kudrat Khan vs State Of Chhattisgarh
2022 Latest Caselaw 4004 Chatt

                  T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRA No. 991 of 2021
                      Kudrat Khan Versus State Of Chhattisgarh

DB
Hon'ble Shri Sanjay K. Agrawal and
Hon'ble Shri Sachin Singh Rajput JJ.



     24.06.2022        Mr. Ajay Mishra, Counsel for the appellant.

                       Mr. Himanshu Sharma, P. L. for the State/respondent.

Heard on I.A.No.1 of 2021, which is an application for

suspension of sentence and grant of bail.

By impugned judgment of conviction and order of sentence

dated 24.07.2021 passed by the Special Judge,(Protection of

Children from Sexual Offences Act), Sakti, District- Janjgir-

Champa(CG) in Special Criminal Case No.19/2019, whereby the

appellant has been convicted and sentenced in the following

manner:-

                              Conviction                          Sentence

                     Under Section 363 of I.P.C.    R.I. for 3 years and fine of Rs.
                                                    1000/-    and    in   default   of
                                                    payment of fine additional S.I.
                                                    for 6 Months.

                     Under Section 366 of I.P.C.    R.I. for 5 years and fine of
                                                    Rs.1000/- and in default of
                                                    payment of fine Additional S.I.
                                                    for 6 months.

Under Section 6 of POCSO R.I. for 20 years and fine of Act Rs.10,000/- and in default of payment of fine Additional S.I.

for 1 year.

Learned counsel for the appellant submits that the appellant is

in jail since 06.01.2019. He has not committed any offence and has

been falsely implicated. The prosecutrix was major at the time of

offence and considering the statement of PW-1 father and the other

witnesses. Thus, appellant be enlarged on bail by suspending his

jail sentence.

Per-contra, learned State counsel opposed the application and

submits that considering the statements of prosecutrix(PW-2), Dr.

Katyani Singh(PW-6) and Chamra Singh(PW-11) has proved the

date of birth of the victim i.e. 01.07.2004. State counsel submits that

there is sufficient material available on record to connect the

appellant-accused person with the offence and the learned trial

Court has rightly convicted the appellant for the offences

aforementioned and, therefore, the present application deserves to

be rejected.

After hearing the learned counsels for the parties and taking

into consideration the material available on record particularly the

statements of prosecutrix (PW-2), Dr. Katyani Singh (PW-6) and

Chamra Singh (PW-11) and other evidence available on record i.e.

Medical report(Ex.P/9), FSL report(Ex.P/25) and Dakhil Kharij

Register(Ex.P/27), we do not see any good reason to entertain this

application for suspension of sentence and grant of bail and the

same deserves to be rejected.

Accordingly, I.A.No.01 of 2021 is rejected.

                         Sd/-                                    Sd/-

             (Sanjay K. Agrawal)                      (Sachin Singh Rajput)

                       Judge                                    Judge
Parul