Dhanmatiram Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3470 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                              Order Sheet

                                              CRA No. 439 of 2021

         Dhanmatiram Sahu S/o Mahettar Ram Sahu Aged About 25 Years R/o Village Ranbod,
         Police Station Navagarh, District Bemetara Chhattisgarh.

                                                                                     ---- Appellant
                                                  Versus
         State Of Chhattisgarh Through Station House Officer Police Station Navagarh District
         Bemetara Chhattisgarh.

                                                                                  ---- Respondent

11/05/2022 Shri Rajkumar Pali, counsel for the appellant.

Shri Shrikant Kaushik, P.L. for the State.

Prosecutrix appeared before this Court and raised her objection.

Heard on I.A. No.1 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 27/02/2021 passed by the Special Judge,

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 & POCSO Act,

2012 Bemetara, District Bemetara (C.G.) in Special Case No. 15/2019, the appellant

stands convicted and sentenced as under :-

                   Conviction                                   Sentences

                   Under Section 366 of IPC                     R.I. for ten years and fine of
                                                                Rs.100/-, in default of payment of
                                                                fine additional imprisonment for
                                                                three months
               Under Section 376 of IPC                        R.I. for ten years and fine of
              and Section 5(B) R/w Section                    Rs.100/-, in default of payment of
              6 of the Protection of Children                 fine additional imprisonment for
              from Sexual Offences Act.                       three months.

                                                              Both the sentences are run
                                                              concurrently.

Looking to the entire evidence of the prosecution, statement of the prosecutrix both

are willingly go to the number of places and not stated to be incident to anybody,

considering the age of the prosecutrix, evidence of PW-2 father of the prosecutrix stated

that eldest daughter's date of birth is 05/05/1996 thereafter one son and thereafter

prosecutrix and he submitted 2½ years between the all children, looking to the entire facts

and Kotwar denied any date of birth was recorded, disposal of the appeal is likely to take

some time, without further commenting on merit, I am of the opinion that present is a fit

case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.1 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the

appellant shall remain suspended during the pendency of this appeal and he shall be

released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before

the Registry of this Court on 30th August, 2022 and thereafter shall appear before the trial

Court on a date to be given by the Registry and shall continue to appear there on all such

dates as are given to him by the said Court till disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) JUDGE

Kamde