Santosh Chouhan vs State Of Chhattisgarh
2022 Latest Caselaw 1531 Chatt

                                                                             NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 836 of 2021
  • Santosh Chouhan S/o Shri Chottelal Chouhan, aged about 28 years, R/o
    Budhwari Bazar Korba, Police Station Kotwali, Korba, presently residing at
    Dewangan Para, P.S. Kotwali Kawardha, District Kabirdham (C.G.)
                                                                     ---- Appellant
                                       Versus
  • State of Chhattisgarh Through : Station House Officer, Police of Police Station
    Kawardha, District Kabirdham (C.G.)
                                                                     --- Respondent

24/03/2022 Mr. Ashutosh Shukla, counsel for the Appellant.

Mr. D.C. Verma, G.A. for the State.

Heard on I.A. No.01/2021, for suspension of sentence and grant of bail to the Appellant.

In this appeal preferred under Section 374 (2) of the Cr.P.C., the appellant has preferred the application (I.A.No.01/2021) for suspension of his substantive jail sentence for the offence punishable under Section 376(3) of IPC.

Learned counsel for the appellant submits that the instant appeal is against the impugned judgment of conviction and order of sentence dated 30.07.2021 passed by the learned Special Judge (constituted under POCSO Act), FTC, Kabirdham (C.G.) in Special Sessions Trial No.77/2019. He submits that looking to the facts and circumstances of the case, the appellant has prima- facie a very good case and that there is every likelihood to succeed the appeal on merits. He further submits that looking to the medical report and statement of the victim/prosecutrix, it is clear that the prosecution has failed on all fronts to prove its case beyond reasonable doubt against the appellant. The learned trial Court did not appreciate the oral and documentary evidence in proper manner, therefore, the substantive jail sentence imposed upon the appellant may be suspended till final disposal of the appeal.

On the other hand, learned State counsel opposes the bail application.

Heard learned counsel for the parties and perused the material on record.

Taking into consideration the fact that the learned trial Court, in para 41, has recorded its finding that at the time of incident, the victim/prosecutrix was 12 years and one month old, and further considering the statement of the victim/prosecutrix as also other prosecution witness, we are not inclined to suspend the jail sentence imposed against the Appellant.

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

List the appeal for final hearing in due course.

                  Sd/-                               Sd/-
         (Sanjay K. Agrawal)                   (Rajani Dubey)
                Judge                               Judge
pekde