Pramod Kujur vs State Of Chhattisgarh
2023 Latest Caselaw 142 Chatt

        HIGH COURT OF CHHATTISGARH, BILASPUR
                       CRA No. 1828 of 2018
  Pramod Kujur S/o Sheelbastar Kujur, Aged About 22 Years, R/o
  Village Aakmeta, P. S. Bande, District South Bastar, Kanker
  Chhattisgarh
                                                            ---- Appellant
                               Versus
  State of Chhattisgarh Through Police Station Bande, District South
  Bastar, Kanker Chhattisgarh
                                                          ---- Respondent

06/01/2023 Ms. Aditi Singhvi, Advocate for the Appellant.

Mr. Anurag Verma, PL for the State.

Heard on I.A. No.03/2022, which is an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 21.12.2015 passed by Additional Sessions Judge/ Special Additional Sessions Judge, Bhanupratappur, District South Bastar, Kanker (C.G.), in Special Sessions Case No. 69/2015, appellant stands convicted under Sections 366(A),376(2)(i) Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for 10 years with fine of Rs. 5000/-, imprisonment for life with fine of Rs.10,000/-, imprisonment for life with fine of Rs. 10,000/- respectively, plus default stipulation.

Learned counsel for the appellant would submit that the impugned judgment is bad in law and is liable to be set aside. She would further submit that the trial Court has not appreciated the overall evidence available on record in its correct perspective. Even, the age of the prosecutrix has not been proved in accordance with the law and there are material contradictions in the statements of the witnesses. He would further submit that the appellant is in jail since 10.06.2015 and disposal of the appeal is likely to take some time, therefore, the appellant may be released on bail.

On the other hand, learned State counsel opposes the bail application.

Heard learned counsel for the parties and perused the material on record.

Considering the facts and circumstances of the case, the gravity of the offence, oral and documentary evidence on record relating to the age of the prosecutrix and the deposition of the prosecutrix, without further commenting on merit of the case, we are not inclined to suspend the jail sentence imposed upon the appellant.

Accordingly, I.A.No.03/2022 is rejected.

                    Sd/-                                  Sd/-

            (Rajani Dubey)                   (Narendra Kumar Vyas)
                  Judge                               Judge




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