Raju Pandey vs State Of Chhattisgarh
2022 Latest Caselaw 6324 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                       CRA No. 279 of 2015

                              Raju Pandey Versus State Of Chhattisgarh

 Division Bench:-

 Hon'ble Shri Justice Sanjay K. Agrawal &
 Hon'ble Shri Justice Deepak Kumar Tiwari




17.10.2022         Mr. Kalyan Kalamkar, counsel for the appellant.

                   Mr. Soumya Rai, PL for the State / respondent.

Heard on I.A. No.1/2022, application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 10.12.2014

passed by the Special Judge (Protection of Children from Sexual Offences

Act, 2012) & Additional Session Judge (FTC), Durg, C.G. in Special Sessions

Trial No.106/2013, the appellant has been convicted as under:-

                         Conviction                            Sentence

             Under Section 363 of the IPC       R.I for 4 years and fine of Rs.5000/-, in
                                                default of payment of fine one year
                                                additional R.I.

             Under Section 366 of the IPC       R.I for 4 years and fine of Rs.5000/-, in
                                                default of payment of fine one year
                                                additional R.I.

    .        Under Section 6 of the Protection Imprisonment for life and fine of

of Children from Sexual Offences Rs.10,000/-, in default of payment of Act, 2012 fine one year additional R.I.

Mr. Kalyan Kalamkar, 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 13.02.2013, therefore, application may be allowed and

appellant may be released on bail.

Per contra, Mr. Soumya Rai, learned State counsel, opposes the

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

of statement of prosecutrix / victim (PW-1) who was minor at the time of

incident, Dr. Chhaya Tiwari (PW-3), Dr. Asha Mishra (PW-5), Medical Reports

(Ex.P/6) and FSL report (Ex.P/18) 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 the statements of prosecutrix /

victim (PW-1), who was minor at the time of incident, Dr. Chhaya Tiwari (PW-

3), Dr. Asha Mishra (PW-5), Medical Reports (Ex.P/6) and FSL report

(Ex.P/18) in which on article C i.e. underwear of the appellant/accused stain

of the semen and human sperm were found and further considering the other

evidence available on record, we are not inclined to grant bail to the present

appellant. Accordingly, I.A. No. 1/2022 is rejected.

                       Sd/-                                     Sd/-
               (Sanjay K. Agrawal)                       ( Deepak Kumar Tiwari )
Ankit                Judge                                        Judge