Mahesh Chargat vs State Of Chhattisgarh
2022 Latest Caselaw 6485 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 963 of 2021

• Mahesh Chargat S/o Ramdhyan Chargat Aged About 20 Years R/o Village Marma
  (Bajnapara) Police Station Trikunda, District Balrampur Ramanujganj Chhattisgarh.,
  District : Balrampur, Chhattisgarh                                --- Appellant.

                                    Versus

• State Of Chhattisgarh Through Police Station Trikunda, District Balrampur
  Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh --- Respondent.

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

31.10.2022 Mr. Pawan Shrivastava, Counsel for the appellant.

Mr. Afroz Khan, PL for the respondent/State.

1. Heard on IA No.1/2021 - Application for suspension of sentence and grant of bail.

2. The appellant has been convicted under Section 363 of IPC and sentenced to undergo RI for 5 years with fine of Rs. 5000/-; and under Section 5 (M)/6 of the POCSO Act and sentenced to undergo RI for life with fine of Rs.50,000/-, plus default stipulations, vide judgment dated 11.08.2021 passed by Additional Sessions Judge/Fast Track, Special Court (POCSO Act), Ramanujganj, District Ambikapur in Special Session Case (POCSO) No.42/2021.

3. Case of the prosecution is that on the date of incident i.e. 02.07.2021 father of the prosecutrix went out of the house to perform some labour work. In the afternoon at about 1 PM wife of the complainant came and inform that at about 12 noon, the accused/appellant took away their daughter, aged 5 years, on the pretext of providing sweets and biscuits and then taken her to the forest and committed rape with her, as a result of which, blood was oozing out from her private part.

4. Prosecutrix has been examined before the trial Court as PW-8 wherein she has duly supported the case of the prosecution. Vaginal slide and undergarment of the prosecutrix have been sent for examination to the FSL, Ambikapur and as per report Ex.P-22 presence of human sperm has been found.

5. Considering the age of the prosecutrix i.e. 5 years as also her evidence wherein she has duly supported the case of the prosecution and further considering the FSL report (Ex.P-22) in which semen and human sperm have been found on the vaginal slide and undergarment of the prosecutrix, we are not inclined to suspend the sentence imposed on the appellant.

Accordingly, IA No.1/2021 is rejected.

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




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