Dalichand Kathle vs State Of Chhattisgarh
2022 Latest Caselaw 5512 Chatt

                   T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                   CRA No. 1572 of 2021
                      Dalichand Kathle Versus State Of Chhattisgarh

DB
Hon'ble Shri Sanjay K. Agrawal and
Hon'ble Shri Sachin Singh Rajput JJ.


      05.09.2022         Mr. Harishankar Patel, Counsel for the appellant.

                         Mr. Kapil Maini, P. L. for the respondent/State.

Heard on I.A.No.01/2021, application for suspension of sentence

and grant of bail to the appellant.

By the impugned judgment and order of sentence dated

12.11.2021 passed by the learned Special Judge (POCSO Act) Fast

Track Court, Kabirdham, (C.G.) in Special Sessions Trial No.351/2020,

the present appellant has been convicted and sentenced in the

following manner:-

Conviction Sentence

Under Section 506 Part- 2 of R.I. for 7 years and fine of Rs.

                       IPC                          1000/- and in default of payment
                                                    of fine additional R.I. for 1
                                                    Month.

Under Section 6 of POCSO Act. Life Imprisonment and fine of Rs.3000/- and in default of payment of fine Additional R.I.

for 3 months.

Mr. Patel, learned counsel for appellant submits that appellant

has not committed any offence and has been falsely implicated in this

case. He further submits that the conviction of the appellant as stated

above is patently erroneous, learned trial Court did not appreciate it on

record to its proper perspective, the age of prosecutrix is doubtful, medical evidence does not support the case of prosecution and there is

a delay in lodging the FIR. He further submits that it is on record that

the prosecutrix was married to the son of appellant in the year 2018

and they lived in Banglore together thereafter when the son of present

appellant got injured in an accident and was confined to bed and

because of some quarrel between them she left home and thereafter

lodged a report. He further submits that the statement of prosecutrix

(PW-3) does not inspire confidence and there is major contradictions

and omissions, appellant is in jail since 15.01.2020, he has already

completed more than 2 years and 6 months, appeal is likely to take

some time to be decided, therefore, his application may be allowed and

appellant may be granted suspension of sentence and bail during

pendency of this appeal.

Mr. Kapil Maini, learned State Counsel submits that from the

findings recorded by trial Court with regard to the conviction of the

present appellant is based on proper appreciation of the evidence, the

statement of prosecutrix (PW-3) has inspired confidence and

categorically she stated with regard to the commission of the crime, the

age of prosecutrix has been duly proved by recording statement of

Smt. Sanyogita Soni (PW-2) and according to which the prosecutrix

was minor at the time of commission of crime, therefore, the application

of the appellant has no merit and liable to be rejected.

We have heard learned counsel for the parties and considered

their rival submissions and also perused the records meticulously and

with utmost circumspection.

Taking into consideration the evidence available on record, considering the facts and circumstances of the case, looking to the

statements of Dr. Hina Ahmed (PW-1) in Paras 2 & 6 there was no

external or internal injury has been found, looking to the statement of

prosecutrix (PW- 3) in Paras 9, 15, 16 & 17 and also looking to the

statement of Hemdas (PW-5) in Paras 11 & 12 and also considering the

fact that the present appellant is in jail since 15.01.2020, we are of the

opinion that it is a fit case to suspend the sentence and grant of bail to

appellant. Accordingly, I.A.No.01/2021 is allowed.

The substantive jail sentence awarded to the appellant is

suspended during the pendency of this appeal and he is directed to be

released on bail on his furnishing a personal bond in the sum of Rs.

25,000/- along with one surety in the like sum to the satisfaction of the

concerned trial Court for his appearance before the Registry of this

Court on 17th October, 2022. He shall thereafter appear before the trial

Court on a date to be given by the Registry of this Court and shall

continue to appear there on all such subsequent dates as are given to

him by the said Court, till the disposal of this appeal.

Any observation made hereinabove is only for deciding this

application and will not affect the merits of the case.

Certified copy as per rules.

List these cases for final hearing.

                       Sd/-                                   Sd/-
               (Sanjay K. Agrawal)                   (Sachin Singh Rajput)
                     Judge                                    Judge
Parul