Anil Sidar @ Kindaru vs State Of Chhattisgarh
2022 Latest Caselaw 1757 Chatt

                               HIGH COURT OF CHHATTISGARH, BILASPUR
                                                Order Sheet
                                            CRA No. 1458 of 2021
                               Anil Sidar @ Kindaru Versus State of Chhattisgarh




31/03/2022        Mr. K.K. Dewangan, Advocate for the appellant.

                  Mr. Somya Rai, Panel Lawyer for the respondent-State.

Heard on IA No.01, which is an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

By impugned judgment of conviction and order of sentence dated 24.09.2021, the appellant has been convicted for offence under Section 06 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to undergo 20 years rigorous imprisonment with fine of Rs.10,000/- and, in default of fine, 06 months rigorous imprisonment and also under Section 342 of IPC and sentenced to undergo 06 months rigorous imprisonment with fine of Rs.500/- and, in default of fine, 01 month rigorous imprisonment.

Learned counsel for the appellant submits that the appellant is in jail since 05.01.2021 and learned trial Court has committed grave legal error in convicting the appellant by considering irrelevant evidence and recording perverse findings and, as such, the appellant deserves to be enlarged on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the age of the victim was 06 years on the date of incident and there is ample evidence available on record to connect the appellant with the said offences and, therefore, the application is liable to be rejected.

Having heard the learned counsels for the parties, going through the material available on record and particularly considering the age of the victim/prosecutrix on the date of incident i.e. 06 years and her statement, we do not find any good ground for entertaining the application for suspension of sentence and grant of bail. Accordingly, IA No.01 is rejected.

                                     Sd/-                                           Sd/-
                           (Sanjay K. Agrawal)                             (Rajani Dubey)
   [email protected]                          Judge                                        Judge