Nandkumar Das @ Nandu vs State Of Chhattisgarh
2022 Latest Caselaw 6486 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                       CRA No. 1061 of 2021

                       Nandkumar Das @ Nandu Versus State Of Chhattisgarh

 Division Bench:-

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




31.10.2022           Mr. Sanjay Agrawal, counsel for the appellant.

                     Mr. Arjit Tiwari, PL 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 12.08.2021

passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention

of Atrocities) Act, 1989, District Jashpur, C.G. in Special Criminal Case under the

SC ST Act Case No.30/2020, the appellant has been convicted as under:-

                             Conviction                                 Sentence

             Under Section 363 of IPC                     R.I. for 2 years and fine of Rs.500/-,
                                                          in default of payment of fine, further 1
                                                          month R.I.

             Under Section 366 of IPC                     R.I. for 3 years and fine of Rs.1000/-,
                                                          in default of payment of fine, further 3
                                                          months R.I.

Under Section 6 of POCSO Act r/w R.I. for 20 years and fine of Section 376(2)(ढ) of IPC and Section Rs.1000/-, in default of payment of 3(2)(v) of Scheduled Caste and fine, further 3 months R.I.

             Scheduled Tribe (Prevention             of
             Atrocities) Act, 1989

Mr. Sanjay Agrawal, 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 12.10.2020, therefore, application may be allowed and appellant may be

released on bail.

Per contra, Mr. Arjit Tiwari, learned State counsel, opposes the prayer

raised by learned counsel for the appellant and submits that on the date of

incident the preosecutrix / victim was minor and on the basis of FSL report

(Ex.P/34) 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 age of the prosecutrix / victim who was

minor at the time of incident and also considering the FSL report (Ex.P/34) in

which on articles A1, A2, B & C stains 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 is rejected.

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




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