Chattisgarh High Court
Alok Toppo vs State Of Chhattisgarh on 25 June, 2025
1
Digitally
signed by
AMARDEEP
AMARDEEP CHOUBEY
CHOUBEY Date:
2025.06.25
14:46:34
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 327 of 2025
Alok Toppo S/o Preit Toppo Aged About 23 Years Police Station - Kansabel,
District- Jaspur (C.G.), Present Address- Risdi Pipeeline Dhingapur Road, Outpost
Rampur, Police Station- Kotwali, District- Korba (C.G.)
... Appellant (s)
versus
State of Chhattisgarh Through Rampur, Police Station Kotwali, District Korba,
Chhattisgarh
... Respondent(s)
25/06/2025 Heard Mr. S.K. Kushwaha, learned counsel for the appellant and Mr.
Jitendra Shrivastava, learned Government Advocate for the
State/respondent.
On a mention being made, the matter is taken up for hearing today.
Heard on I.A. No.1/2025, application for suspension of sentence and
grant of bail.
By the impugned judgment of conviction and order of sentence dated
03.02.2025, the learned Additional Sessions Judge, Fast Track Special
Court(POCSO), Korba, District Korba, Chhattisgarh in Special Case
(POCSO) No.32/2020 has convicted and sentenced the appellant as
under:-
Conviction Sentence
Under Section 4 of the POCSO Act Section 376(3) of the IPC provides
for an alternative punishment to that
provided under this Section.
Under Section 376(3) of the IPC 20 years R.I. with fine of Rs.3000/-
and in default, further R.I. for 3
months.
Under Section 363 of the IPC 3 years R.I. with fine of Rs.1000/-
and in default, further R.I. for 1
month.
Under Section 366 of the IPC 5 years R.I. with fine of Rs.2000/-
and in default, further R.I. for 2
months.
All the sentences are directed to run concurrently.
Learned counsel for the appellant would submit that albeit the victim
is a minor girl, but in this regard, there is no documentary proof. He would
submit that the Dakhil Kharij register could not be relied upon as the
person i.e. PW-9 who has proved the same has turned hostile and not
supported the case of the prosecution. Learned counsel would submit
that the appellant is in detention since 01/12/2020. He would pray for
suspension of sentence and grant of bail to the appellant.
Learned counsel appearing for the State vehementally oppose the
bail application. He would submit that the statement of victim and the
medical report corroborated the case of prosecution. As per medical
report, victim is a minor girl and the FSL is also positive, therefore, the
appellant is not entitled for suspension of sentence and grant of bail.
Considering the entire facts and circumstances of the case; further
considering the nature of offence committed by the appellant; and
particularly considering the statement of the victim, who is a minor girl,
recorded by the trial court and FSL report, which is positive, we are not
inclined to suspend the sentence and grant bail to the appellant.
Accordingly, I.A.1/2025 is rejected.
At this juncture, learned counsel appearing for the appellant would
submit that his father, who is a sexagenarian, is suffering from serious
ailment and presently shifted from Korba to Bilaspur and admitted in ICU
of Sanjeevani Hospital and his condition is very critical. Learned counsel
would also submit that nobody is there to look after the father of the
appellant as the mother of the appellant has already expired and his
sister was married. According to him, at present, the appellant is
undergoing the sentence at Central Jail, Bilaspur and hence, the
appellant may be permitted to visit his father.
No objection from other side.
Considering the submission made by the appellant and also looking
to the health condition of his father, the Senior Superintendent of Police,
Bilaspur and the Superintendent, Central Jail Bilaspur are directed to
permit the appellant to visit his father at Sanjeevani Hospital, Bilaspur in
police custody today itself and thereafter, he be brought back to Central
Jail Bilaspur, today itself.
Certified Copy today.
Consequently, I.A. No.2/2025, application for urgent hearing stands
disposed of.
Since the record of the trial Court has already been received and
paperbook has also been prepared and the appellant is in jail since
01.12.2020, the matter be posted for final hearing on 17/07/2025.
SD/- SD/-
Gowri/ (Bibhu Datta Guru) (Ramesh Sinha)
Amardeep
Judge Chief Justice
