Chattisgarh High Court
Laxman Singh @ Chek vs State Of Chhattisgarh on 20 September, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 645 of 2021
1. Rakesh Singh @ Dheeraj S/o Raghupat Singh, aged about 25 years, R/o Village
Badakabahara, P.S. Kellahari, District Koriya, C.G.
2. Chhotu @ Bihari, S/o Bhaiyalal, aged about 19 years, R/o Village Kanaitola, P.S.
Bijuri, District Anuppur (M.P.)
3. Ranjit Singh @ Munna, S/o Mainejar Singh, aged about 22 years, R/o Village Lohari,
P.S. Pondi, District Koriya, C.G. Appellants
Versus
State of Chhattisgarh through Police Station Manendragarh, District Koriya, C.G.
Respondent
CRA No. 487 of 2021
Laxman Singh @ Chek S/o Umendra Singh, aged about 22 years, R/o Village
Biharpur, Police Station Manendragarh, District Korea, C.G. Appellant
Versus
State of Chhattisgarh, through Station House Officer, Police of Police Station
Manendragarh, District Korea, C.G. Respondent
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sanjay S. Agrawal
20.09.2022 Mr. Hemant Kumar Agrawal, counsel for appellant No.1 namely
Rakesh Singh @ Dheeraj, in CRA No.645/2021.
Mr. Anupam Dubey, counsel for the appellants No.2 & 3 namely
Chhotu @ Bihari & Ranjit Singh @ Munna, in CRA No.645/2021.
Mr. T.K. Jha, counsel for the appellant in CRA No.487/2021.
Mr. Sudeep Verma, Dy. G.A. and Mr. Afroz Khan, PL for the
State/respondent(s) in both the appeals.
Heard on I.A. No.1 (in both the appeals), applications for suspension
of sentence and grant of bail, on behalf of the appellants in both the
appeals.
By the impugned judgment and order of sentence dated 25.03.2021
passed by the Special Judge (Protection of Children for Sexual Offences
Act, 2012), Manendragarh, District Koriya, C.G. in Special Criminal Case
No.48/2020, the appellants have been convicted as under :-
Conviction (against all the Sentence (against all the
appellants) appellants)
Under Section 363/34 of IPC R.I. for 3 years & fine of Rs. 500/- in
default of payment of fine, R.I. for 1
month
Under Section 366/34 of IPC R.I. for 5 years & fine of Rs.500/- in
default of payment of fine R.I. for 1
month.
Under Section 6 POCSO Act. R.I. for life (means rest of the natural
2012 life to be served imprisoned) and
fine of Rs.2000/-, in default of
payment of fine R.I. for 2 months.
Learned counsel for the appellants, submit that the appellants have
falsely been implicated in crime in question and they have been convicted
by recording a finding which is perverse to the record. They are in custody
26.10.2020, therefore, application may be allowed and appellant may be
released on bail.
Per contra, Learned State counsel, opposes the prayer raised by
learned counsel for the appellants and submits that on the basis of
statement of victim / prosecutrix (PW-1), who was minor at the time of
incident, FSL report (Ex.P38) the learned trial Court has rightly convicted
the present appellants and, as such, the bail applications of the appellants
deserve 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 statement of victim /
prosecutrix (PW-1), who was minor at the time of incident, FSL report
(Ex.P38) in which on articles A1, C1 & C2, E1 & E2 i.e. slide of the victim,
slide of appellant-Rakesh Singh @ Dheeraj and slide of appellant-Ranjeet
Singh @ Munna respectively, stains of sperm and human sperm were
found and further considering the other evidence available on record we
are not inclined to grant bail to the present appellants. Accordingly, I.A.
Nos.1(in both the appeals), applications for suspension of sentence and
grant of bail, are rejected.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sanjay S. Agrawal)
Judge Judge
Ankit
