Hamid Ali vs State Of Chhattisgarh
2025 Latest Caselaw 665 Chatt

Chattisgarh High Court

Hamid Ali vs State Of Chhattisgarh on 22 July, 2025

                                                 1/2




                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       CRA No. 1080 of 2025

                          HAMID ALI versus STATE OF CHHATTISGARH
           Digitally
           signed by A
 A
 ANNAJEE
           ANNAJEE
           RAO
           Date:
                                            Order Sheet
 RAO       2025.07.23
           11:26:10
           +0530




22/07/2025

Mr. Prasoon Agrawal, counsel for the appellant.

Mr. Jaiprakash Shukla, Panel Lawyer, for the State. Heard on I.A.No.1/2025 for suspension of sentence and fine amount and grant bail to the appellant.

The victim along with her mother has appeared through VC from the concerned DLSA and objected to bail.

By impugned judgment passed in Special Criminal Case (POCSO) No. 17/2024 by the Addl. Sessions Judge 4 th FTC Special Court, Durg, District Durg, the appellant stands convicted for the offence under Section 9(ड) read with Section 10 of Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo RI for 5 years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 1 month.

The maximum jail sentence imposed against the appellant is RI for 5 years.

It is alleged by the prosecution that the victim who was aged about 11 years was going to the applicant to study Madarsa and on 12.02.2024 at about 10.20 as usual when she had gone to his house to study Arabic the applicant has badly outraged her modesty and subjected her to sexual acts.

Learned counsel for the appellant submits that prosecution has not

been able to prove the case against the appellant beyond reasonable doubt and though the evidence in cross examination of the prosecution witnesses has been rebutted, but the learned trial Court convicted and sentenced the appellant by assigning erroneous reasons. Therefore, he prays for suspension of sentence and grant of bail to the appellant during the pendency of appeal.

Looking to the age of the victim and the nature of allegations levelled against the appellant, at this stage, I am not inclined to allow the application for suspension of sentence.

Accordingly, I.A.No.1 is rejected.

Trial Court Records are available.

List it for final hearing after 5 weeks.

Sd/-

(Sanjay Kumar Jaiswal) Judge Rao