Bipul Kushwaha vs State Of Chhattisgarh
2022 Latest Caselaw 5559 Chatt

                                            1
                                                                       CRA No. 14 of 2021



                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 14 of 2021

     Bipul Kushwaha S/o Kameshwar Kushwaha, aged about 27 years, R/o Village
      - Bhedmi Police Chowki, Ganeshmod, Police Station - Balrampur, District
      Balrampur Ramanujganj, C.G.                                 Appellant

                                        Versus

     State Of Chhattisgarh through Police Chowki - Ganeshmod, Arakshi Kendra -
      Balrampur, District - Balrampur Ramanujganj, C.G.           Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sachin Singh Rajput

06.09.2022 Mr. Bhupendra Singh, counsel for the appellant.

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

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

grant of bail.

The appellant stands convicted for offences under Section 450 of

IPC and sentenced to undergo R.I. for 5 years and pay fine of Rs.3000/-,

in default of payment of fine to further 2 months R.I.; under Section 506-

B of IPC sentenced to undergo R.I. for 1 year and pay fine of Rs.2000/-,

in default of payment of fine to further 1 month R.I. and under Section 3

r/w Section 4 of POCSO Act of 2012 and sentenced to undergo

imprisonment for life and pay fine of Rs.5000/-, in default of payment of

fine to further 6 months R.I. by the impugned judgment dated 24.12.2020

CRA No. 14 of 2021

passed by the Additional Sessions Judge / Special Judge (POCSO /

F.T.C.), Ramanujganj, District Balrampur, C.G. in Special Sessions Trial

(POCSO) No.42/2019. The appellant has challenged the same in this

appeal.

Mr. Bhupendra Singh, 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 21.07.2019, therefore, application may be

allowed and appellant may be released on bail.

Per contra, Mr. Afroz Khan, learned State counsel, opposes the

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

the basis of statement of victim / prosecutrix (PW-1) who was aged about

11 years at the time of incident, medical report (Ex.P/14) and FSL report

(Ex.P/20) the concerned 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 statement of victim /

prosecutrix (PW-1) who was aged about 11 years at the time of incident,

medical report (Ex.P/14) and FSL report (Ex.P/20) in which on articles A,

CRA No. 14 of 2021

B & C i.e. slide of prosecutrix, undergarment of prosecutrix and

undergarment of accused respectively, stains of 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)              (Sachin Singh Rajput)
                       Judge                              Judge




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