Ramnarayan Yadav vs State Of Chhattisgarh
2023 Latest Caselaw 106 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                        CRA No. 191 of 2022

                        Ramnarayan Yadav Versus State Of Chhattisgarh

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey




05.01.2023         Mr. Jai Prakash Shukla, counsel for the appellant.

                   Ms. Ruchi Nagar, Dy. G.A. for the State / respondent.

Heard on I.A. No.1/2022, application for suspension of sentence and

grant of bail.

By the impugned judgment of conviction and order of sentence dated

14.12.2021 passed by the Additional Sessions Judge F.T.C. (POCSO),

Manendragarh, District Koriya, C.G. in Special Criminal Case No.02/2019, the

appellant has been convicted for the offence under Section 363 of IPC and

sentenced to undergo rigorous imprisonment for 2 years along with fine of

Rs.500/-, in default of payment of fine 1 month further R.I.; under Section 366

of IPC and sentenced to undergo rigorous imprisonment for 5 years along with

fine of Rs.500/-,in default of payment of fine 1 month further R.I. and also

under Section 4(2) of POCSO Act, 2012 and sentenced to undergo rigorous

imprisonment for 20 years along with fine of Rs.500/-, in default of payment of

fine 1 year further R.I.

Mr. Jai Prakash Shukla, 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 30.08.2019, therefore, application may be allowed and appellant

may be released on bail.

Per contra, Ms. Ruchi Nagar, 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 minor at the time of incident,

Medical Report (Ex. P/8) and FSL Report (Ex.P/24) 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 statement of victim / prosecutrix (PW-1),

who was minor at the time of incident, Medical Report (Ex. P/8) and FSL

Report (Ex.P/24) in which on articles A, B, C & D i.e. vaginal slide and

underwear of the victim, semen slide and underwear of the 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. 1/2022 is rejected.

                       Sd/-                                     Sd/-
               (Sanjay K. Agrawal)                    ( Rakesh Mohan Pandey )
                     Judge                                       Judge

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