X vs The State Of Chhattisgarh
2025 Latest Caselaw 2622 Chatt

Chattisgarh High Court

X vs The State Of Chhattisgarh on 24 March, 2025

                                        1




                HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet

                           CRA No. 397         of 2025

  X S/o Y, Aged About 17 Years, (The Identity Of The Juvenile Is Not Discloses As
  Per Section 74 Of Juvenile Justice Care And Protection Of Children Act, 2015)
                                                                      ---- Appellant

                                     versus

  The State Of Chhattisgarh Through - The Police Station -Adim Jati Kalyan (Ajak),
  Korba, District - Korba (C.G.)
                                                                 ---- Respondent

24/03/2025 Mr. Kalpesh Ruparel, Advocate for the appellant.

Ms. Sunita Sahu, PL or the respondent-State.

Heard on I.A. No.1/2025, application for suspension of sentence and grant of bail to appellant.

By the impugned judgment of conviction and order of sentence dated 20.06.2024 (Annexure A-1), the appellant stands convicted as under:-

Conviction Sentence

U/s 377 of IPC : RI for 10 years & fine of amount Rs.500/-, in default of payment of fine, 06 month additional RI.

U/s 6 of the POCSO Act. RI for 10 years & fine of amount Rs.500/-, in default of payment of fine, 06 month additional RI. .

Learned counsel for the appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. Due to some dispute between the appellant and victim, false FIR has been lodged against the appellant. There are many contradictions and omission in the prosecution witnesses. Medical report also not supported the case of prosecution. Appellant is aged about 17 years, he has already served more than 13 months in observation home. This appeal will take time for final disposal, hence, sentence awarded to appellant be suspended and he be enlarged on bail.

Learned State Counsel submits that appellant is not entitled for grant of bail as there is specific allegation against the appellant of committing the aforesaid offence/crime with minor boy, aged about 09 years.

Complainant/parents of the victim are appeared before this Court by virtual mode from the concerned DLSA and not raised any objection in granting bail to the appellant.

Heard counsel for the respective parties.

Considering facts of the case, submissions of counsel for the respective parties, particularly the nature of offence committed by the appellant with minor victim (aged about 09 years), further considering the evidence of PW-2/victim, his father PW-1 and other prosecution witnesses, I am not inclined to allow the suspension application of the appellant.

Accordingly, IA No.1/2025 is hereby rejected.

C.C. as per rules.

Sd/-

(Arvind Kumar Verma) Judge

J/-