Suresh Singh vs State Of Chhattisgarh
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Chattisgarh High Court

Suresh Singh vs State Of Chhattisgarh on 1 April, 2025

                                                           1




                                                                                               NAFR
                                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                               CRA No. 2167 of 2024

                    1 - Suresh Singh S/o Puran Singh Aged About 20 Years R/o Village
                    Chhotekalua, Police Station Khadganwa, Distt. Manendragarh-Chirmiri-
                    Bharatpur (C.G.)


                    2 - Deepak Singh S/o Nahar Singh Aged About 24 Years R/o Village
                    Sarma, Police Station Surajpur, District Surajpur (Chhattisgarh)

                                                                                         ... Appellants

                                                       -Versus-

                    State Of Chhattisgarh Through- Police Station Khadganwa, District-
                    Manendragarh Chirmiri Bharatpur (Chhattisgarh)

                                                                                       ---- Respondent

(Cause title taken from Case Information System)

Order Sheet

01/04/2025 Mr. Hemant Kumar Agrawal, Advocate for the appellants.

VEDPRAKASH DEWANGAN

Mr. Shailendra Sharma, Panel Lawyer for the State.

By the impugned judgment of conviction and sentence

dated 14.10.2024, passed in Special Criminal Case No. 07 of

2023, by learned Special Judge (POCSO Act 2012) Chirmiri,

District Korea (C.G.), the appellants have been convicted and

sentenced as under:

          Conviction                       Sentence

U/s. 4 of POCSO Act               R.I. for 20 years and fine of
                                  Rs. 500/-, in default of
                                  payment of fine further R.I. for
                                  01 month.

Heard on I.A. No. 1 of 2024 (application under Section

430 Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension

of sentence and grant of bail).

Learned counsel for the appellants would submit that

the appellants are innocent and have been falsely implicated

in the offence. There is no legally admissible evidence with

respect to the age of the victim. The offence against the

appellants have not been proved beyond reasonable doubt.

On the same set of evidence, two other accused persons have

been acquitted by the learned trial Court and the evidence of

the prosecution witnesses as well as the victim is inconsistent.

There is no injury found on the body of the victim. The

appellants are in jail since 20.01.2023 and final adjudication of

the case will take its own time. Therefore, the appellants may

be enlarged on bail.

On the other hand, learned counsel for the State

opposes the submissions made by learned counsel for the

appellants and submits that the victim was minor on the date

of incident, which has been proved by the school record. She

made positive allegations against both the appellants in her

evidence. The FSL report is found positive and she disclosed

the entire incident in her evidence that the manner in which

she was subjected to rape by the appellants. It is not the case

that the victim was the consenting party with the appellants

and she being the minor girl, subjected to rape by both the

appellants, their bail application is liable to be dismissed.

We have heard learned counsel for the parties and

perused the record.

Considering the submissions made by the learned

counsel for the parties, considering the evidence available on

record and also the fact that the victim was minor at the time

of incident and FSL report was found positive, we are not

inclined to release the appellants on bail.

Accordingly, the I.A. No. 1 of 2024 (application under

Section 430 Bharatiya Nagarik Suraksha Sanhita, 2023 for

suspension of sentence and grant of bail) is rejected.

List this matter for final hearing in due course.

                     Sd/-                                    Sd/-
          (Ravindra Kumar Agrawal)                     (Ramesh Sinha)
                   Judge                                 Chief Justice




ved