Ramvriksha Kodaku vs State Of Chhattisgarh
2022 Latest Caselaw 6535 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                     ORDER SHEET
                            Criminal Appeal No.256 of 2022
Ramvriksha Kodaku S/o Satan Kodaku Aged About 32 Years R/o Village Chitma,
P.S. Chalgali, District- Balrampur-Ramanujganj (C.G.) Present R/o Village Lurgi,
P.S. Pasta, District- Balrampur-Ramanujganj (C.G.)               ---- Appellant
                                     Versus
State Of Chhattisgarh Through- Police Of P.S. Pasta, District- Balrampur-
Ramanujganj (C.G.)                                      ---- Respondent

02.11.2022 Shri Shikhar Sharma, counsel for the Appellant.

Shri Sudeep Verma Dy. G.A for the State.

Heard on IA No.01/2022, an application for suspension of sentence and grant of bail.

Vide impugned judgment dated 29.12.2021 passed by the learned Additional Sessions Judge (FTC), Special Court (POCSO Act), Ramanujganj, District Balrampur in Special Sessions (POCSO) Case No.81/2021, the Appellant has been convicted and sentenced as under with usual default stipulation. All the sentences were directed to run concurrently.

                              Conviction                     Sentence
                   1.    Under Section 363 IPC    R.I for 5 years with fine
                                                  of Rs.5,000/-
                   2.    Under Section 366 IPC    R.I for 5 years with fine
                                                  of Rs.5,000/-

3. Under Section 5(ड)/6(B) Life imprisonment with of POCSO Act fine of Rs.50,000/-

Learned Counsel for the Appellant submits that there is delay in lodging of the FIR. He further submits that except the evidence of father of the victim (PW-4) that sexual intercourse has been committed on her, there is no other piece of evidence to convict the Appellant for the said offence. He lastly submits that the Appellant is in jail since 20.10.2021 which comes to more than a period of 1 year, the Appeal may take quite some time for its final disposal, therefore, he may be released on bail.

On the contrary, learned State Counsel opposed the prayer for bail.

Considering the totality of the facts and circumstances of the case, the age of the victim who is a minor on the date of incident and further taking into consideration the statement of the victim (PW-1) and the FSL report (Ex.P-22) in which vaginal slides of the victim and presence of stains of human semen were found, without further commenting anything on merits, we are of the opinion that present is not a fit case to suspend the jail sentence imposed upon the Appellant and release him on bail.

Accordingly, IA No.01/2022 is rejected.

                      Sd/-                                   Sd/-
           (Sanjay K. Agrawal)                       (Deepak Kumar Tiwari)
                 JUDGE                                      JUDGE
Priya