Bhakt Prahalad @ Ankit Sonwani vs State Of Chhattisgarh
2022 Latest Caselaw 6833 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                      Criminal Appeal No.793 of 2022
  •   Bhakt Prahalad @ Ankit Sonwani S/o Narayan Sonwani, Aged About 26
      Years, R/o Bindranavagarh, Police Station Mainpur, District :
      Gariyaband, Chhattisgarh
                                                          ---- Petitioner
                                Versus
  •   State Of Chhattisgarh, Through Police Station Chhura, District :
      Gariyaband, Chhattisgarh
                                                      ---- Respondent

Division Bench:-

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

Mr. Pushpendra Kumar Patel, counsel for the applicant. 16/11/2022 Mr. Afroz Khan, Panel Lawyer for the State.

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

By the impugned judgment and order of sentence dated 20.04.2022, passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Gariyaband, District- Gariyaband C.G. in POCSO Case No.80/2020, the appellant has been convicted as under:-

                       Conviction                        Sentence

             U/s.363 of Indian Penal Code.     R.I. for 03 years and fine of
                                               Rs.300/- and in default of
                                               payment of fine, additional S.I.
                                               for 30 days.

             U/s.366 of Indian Penal Code.     R.I. for 05 years and fine of
                                               Rs.500/- and in default of
                                   payment of fine, additional S.I.
                                  for 50 days.

U/s.376(2)(N)(3) of Indian Penal R.I. for 20 years and fine of Code. Rs.2000/- and in default of payment of fine, additional S.I.

for 200 days.

U/s.294 of Indian Penal Code. R.I. for 01 month.

U/s.323 of Indian Penal Code. R.I. for 06 months.

U/s.506 Part-II of Indian Penal R.I. for 06 months. Code.

U/s.342 of Indian Penal Code. R.I. for 03 months.

U/s.6 of Protection of Children R.I. for 20 years and fine of from the Sexual Offences Act, Rs.2000/- and in default of 2012. payment of fine, additional S.I.

for 200 days.

All the sentences are directed to run concurrently.

Mr. Pushpendra Kumar Patel, 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 26.08.2019, therefore, application may be allowed and appellant may be released on bail.

Per contra, Mr. Afroz Khan, learned State counsel opposes the prayer raised by learned counsel for the appellant.

We have heard learned counsel for the parties, considered their rival submissions and also perused the records with utmost circumspection.

Taking into consideration the statement of victim (P.W.-3) and further taking into consideration that she was minor on the date of incident and further considering oral and documentary evidence present on the record, we do not feel inclined to allow this application.

Accordingly, this application (I.A. No.01/2022) is rejected.

                    Sd/-                                   Sd/-

            (Sanjay K. Agrawal)                (Rakesh Mohan Pandey)
                   Judge                               Judge




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