Chattisgarh High Court
Vijay @ Penka Khalkho vs State Of Chhattisgarh on 20 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 177 of 2025
Vijay @ Penka Khalkho S/o Shri Faleriyan Khalkho Aged About 22 Years R/o Village Dadgaon
(Bhandarbasti), Out Post Manora Police Station Jashpur, District Jashpur (C.G.)
... Appellant
versus
State Of Chhattisgarh Through Out Post Manora, Police Station Jashpur, District Jashpur (C.G.)
... Respondent
20.02.2025 Mr. Rohitashva Singh, Counsel for the Appellant.
Ms. Sunita Manikpuri, Deputy Govt. Advocate for the State.
Heard on admission as well as I.A. No. 01/2025, an
application for suspension of sentence and grant of bail.
Admit.
By virtue of the impugned judgment of conviction and order
of sentence dated 05.12.2024 passed by learned Additional
Session Judge, Additional charge F.T.C. Jashpur District Jashpur
(C.G.) in Special POCSO Case No. 32/2022, whereby appellant
has been convicted and sentenced as under:
Conviction Sentence
Under Section 363 of the R.I. for 05 years and fine of Rs.
Indian Penal Code 1,000/- in default of payment of
fine 03 months S.I..
Under Section 366A of Rigorous Imprisonment for 05
Indian Penal Code years and fine of Rs. 1000/- in
default of payment of fine 03
months S.I.
Under Section 376 (A) (B) R.I. for 10 years and fine
read with section 511 of amount of Rs. 2000/- in default
Indian Penal Code of payment of fine 01 month
S.I.
Under Section 06(1) read R.I. for 10 years and fine of Rs.
with section 18 of POCSO Act 2000/- in default of payment of
fine 01 year simple
imprisonment.
All the sentences have been directed to run concurrently.
Learned Counsel appearing for the Appellant contended
that the appellant has prima facie good case in his favor and he is
hopeful to succeed on it. The appellant was in jail since
22.07.2022 . The disposal of this Criminal appeal is likely to take
long time. The appellant is ready to abide all the terms and
conditions which may be imposed by this Hon'ble Court while
suspending the jail sentence of the appellant.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused/appellant which connects
him with the crime and chain of circumstances are fully linked and
completed with each other.
Victim of the case appeared through DLSA Jashpur and
strongly raised her objection against the prayer made by the
learned counsel for the appellant for suspension of sentence and
grant of bail.
I have heard learned counsel for the parties and perused
the record with utmost circumspection.
Considering the totality of the facts, and specially the crime
committed by the appellant which is very heinous in nature and
the evidences which totally connects him with the crime, I am not
inclined to allow the application for suspension of sentence and
grant of bail.
Consequently, IA No. 01/2025 stands rejected.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
