Malti Rathore vs State Of Chhattisgarh
2022 Latest Caselaw 5587 Chatt

                   T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                    CRA No. 110 of 2021
                        Malti Rathore Versus State Of Chhattisgarh

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



      07.09.2022          Mr. T. R. Patel, Advocate on behalf of Mr. Vikas Pandey, Counsel

                   for the appellant.

                          Mr. Ashish Tiwari, G. A. for the State/respondent.

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

and grant of bail.

By impugned judgment of conviction and order of sentence

dated 01.12.2020 passed by the learned Special Judge ( POCSO Act)

Janjgir, District- Janjgir-Champa, CG in Special ST No.05/2020,

whereby the appellant has been convicted for offence punishable

under Section 6 r/w Section 17 of POCSO Act and sentenced to

undergo RI for 20 years and fine of amount Rs.1000/- in default of

payment further 1 year RI.

Learned counsel for the appellant submits that the appellant has

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

He further submits that the appellant is in jail since 18.12.2019 and the

appeal is likely to take some time for its final disposal, therefore, the

application for suspension of sentence and grant of bail may be

allowed.

Per-contra, learned State counsel opposed the application and

submits that considering the statements of victim (PW-1) and other material i.e. FSL report (Ex.P-30), there is sufficient material available

on record to connect the appellant-accused person with the offence

and the learned trial Court has rightly convicted the appellant for the

offences aforementioned and, therefore, the present application

deserves to be rejected.

Having heard learned counsel for the parties, considered the

evidence of the prosecutrix (PW-1) and also taking into consideration

the FSL report ( Ex.P-30) which shows the presence of semen on the

undergarments of the prosecutrix, we do not see any good reason to

entertain this application for suspension of sentence and grant of bail

and the same deserves to be rejected.

Accordingly, I.A.No.01/2021, application for suspension of

sentence and grant of bail is rejected.

List this case along with CRA No.485 of 2021.

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