Ramsu Patel vs State Of Chhattisgarh
2022 Latest Caselaw 6660 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                     CRA No. 853 of 2021

                            Ramsu Patel Versus State Of Chhattisgarh

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey




07.11.2022           Mr. Saurabh Dangi, counsel for the appellant.

                     Ms. Ruchi Nagar, Dy. G.A. for the State / respondent.

Heard on I.A. No.1, application for suspension of sentence and grant of

bail.

By the impugned judgment and order of sentence dated 23.07.2021

passed by the Additional Sessions Judge (F.T.C.), Kondagaon, District

Kondagaon, C.G in POCSO Case No.21/2018, the appellant has been

convicted as under:-

                       Conviction                              Sentence

             Under Section 363 of IPC      R.I. for 7 years, and fine of Rs.1000/-, in default

of payment of fine additional R.I. for 6 months.

Under Section 302 of IPC Imprisonment for life and fine of Rs.1000/-, in default payment of fine additional R.I. for 6 months.

Under Section 201 of IPC R.I. for 7 years and fine of Rs.1000/- in default of payment of fine additional R.I. for 6 months.

Under Section 4 of POCSO Imprisonment for life (till natural death) and fine Act, 2012 of Rs.1000/-, in default of payment of fine additional R.I for 6 months.

Mr. Saurabh Dangi, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record. He is in

custody since 18.06.2018, therefore, application may be allowed and appellant

may be released on bail.

Per contra, Ms. Ruchi Nagar, learned State counsel, opposes the

prayer raised by learned counsel for the appellant and submits that on the

basis of statement of Bislal Patel (PW-1), FSL report (Ex.P/29) and on the

basis of memorandum statement (Ex.P/10) the learned trial Court has rightly

convicted the present appellant and, as such, the bail application of the

appellant deserves to be rejected.

We have heard learned counsel for the parties, considered their rival

submissions and also perused the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering statement of Bislal Patel (PW-1),

FSL report (Ex.P/29) in which on articles F, G1, G3 & G4 i.e. frock, vaginal

swab, vaginal slides of the deceased respectively, stains of semen and

human sperm were found and pursuant to memorandum statement (Ex.P/10)

of appellant his clothe (lungi) and frock of the deceased were recovered and

further considering the relationship between the appellant and the deceased,

appellant was grandfather and deceased was his grant daughter, and further

considering the other evidence available on record, we are not inclined to

grant bail to the present appellant. Accordingly, I.A. No. 1 is rejected.

                        Sd/-                                        Sd/-
Ankit
               (Sanjay K. Agrawal)                        ( Rakesh Mohan Pandey )
                     Judge                                          Judge