Suraj Khandekar vs State Of Chhattisgarh
2022 Latest Caselaw 7052 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                              CRA No. 595 of 2021

   • Suraj Khandekar S/o Manoj Khandekar, Aged About 22 Years, R/o Sakin-
     Village Kona, Thana - Jarhagaon, District Mungeli Chhattisgarh., District :
     Mungeli, Chhattisgarh

                                                                    ---- Appellant

                                     Versus

   • State Of Chhattisgarh Through Police Station Suhela, District Balodabazar-
     Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

                                                                 ---Respondent

Division Bench:-

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

23/11/2022 Ms. Supriya Upasane, Advocate for the appellant.

Mr. Ashish Tiwari, Govt. Advocate for the State/respondent.

Heard on I.A. No.01/2021, application for suspension of sentence and grant of bail to the appellant.

Appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 25.02.2021, in Special Criminal Case No.20/2019, passed by the learned Special Judge (POCSO Act), Bhatapara, District- Baloda Bazar-Bhatapara (C.G.) in the following manner :-

             Sl. No.         Conviction                     Sentence

             1.        U/s. 363 of the IPC    R.I. for 3 years and fine of Rs.500/-,

in default of payment of fine amount, additional R.I. for 3 months,

2. U/s. 366 of the IPC R.I. for 5 years and fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 3 months,

3. U/s. 376 (3) of the R.I. for 20 years and fine of IPC Rs.1000/-, in default of payment of fine amount, additional R.I. for 6 months.

All the jail sentences are directed to be run concurrently.

Taking into consideration the evidence and statement of the victim (PW-2) and further on the date of incident she was minor of age 13 years and in the FSL report dated 23-07-2019 human sperm was found on the slide B & C of the victim, we do not find it to be a fit case for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail is rejected.

              Sd/-                                         Sd/-

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




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