Bablu @ Ballu @ Thabir @ Thabira Tandi vs State Of Chhattisgarh
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Chattisgarh High Court

Bablu @ Ballu @ Thabir @ Thabira Tandi vs State Of Chhattisgarh on 10 January, 2025

                                       1




       HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRA No. 1545 of 2023


Bablu @ Ballu @ Thabir @ Thabira Tandi S/o - Khetro @ Khetr Thandi Aged
About 49 Years R/o- Komna, Duriapada, P.S.- Komna, District : Nuapada *,
Orissa                                                        ... Appellant

                                     versus

State Of Chhattisgarh Through- P.S.- Bhakhara, District : Dhamtari, Chhattisgarh
                                                                  ... Respondent

(Cause title, as taken from CIS)

Order Sheet

10/01/2025 Mr. Pushkar Sinha, counsel for the appellant.

Ms. Anuradha Jain, P.L. for the State/respondent. Heard.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of State/respondent, therefore, issuance of notice to it, is dispensed with.

Also heard on I.A. No.1/2023, application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of

sentence dated 05.07.2023 passed by the learned Upper Sessions Judge (F.T.C.) Dhamtari, District Dhamtari (CG) in Sessions Trial No.57/2021, the appellant has been convicted and sentenced as under :-

   S.No.         Conviction                Sentence
     01.   376, IPC                 10 years R.I. and fine of
                                    Rs.10,000/-, in default of
                                    payment    of     fine,   to
                                    undergo    R.I.     for   6
                                    months.

Learned counsel for the appellant would submit that the appellant has been convicted without any cogent and reliable evidence. The appellant has been convicted only on the basis of deposition of victim/prosecutrix and except her statement, there is no other evidence. He would further submit that victim/prosecutrix was getting treatment from the appellant, who is a 'Doctor', but because of dispute between them with regard to payment of charges, appellant has been implicated in instant case. He further submitted that appellant is in jail since 05.7.2023 and during trial, appellant was on bail and never misused the same, therefore, he prays that application for suspension of sentence of the appellant may be allowed and sentence may be suspended till the decision of this appeal.

Per contra, learned State counsel would submit that, despite being fiduciary relation as doctor and client, appellant has sexually exploited victim/prosecutrix in the garb of her treatment for a child. She would further submit

that application for suspension of sentence and grant of bail to the appellant is liable to be rejected.

I have heard learned counsel for the parties. Having considered the fact that in the garb of treatment for the child, appellant had sexually exploited victim/prosecutrix. Considering the totality of the facts, I do not feel inclined to allow application for suspension and grant of bail to the appellant at this stage, hence, the same is rejected.

List the case for final hearing in due course.

Sd/-

                                                        (Naresh Kumar Chandravanshi)
                                                                     Judge




        Rukhsar






RUKHSAR BANO
BANO    Date:
        2025.01.10
           18:47:27 +0530