Khilesh Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 2712 Chatt

Chattisgarh High Court

Khilesh Sahu vs State Of Chhattisgarh on 28 March, 2025

                                               1




                  HIGH COURT OF CHHATTISGARH AT BILASPUR


                                    CRA No. 410 of 2025

1 - Khilesh Sahu S/o Shri Chandal Sahu Aged About 19 Years R/o Village-
Aamgaon, P.S. Jaijaipur, Distt. Sakti (C.G.)
                                                                   ...Appellant(s)


                                            versus


1 - State Of Chhattisgarh Through Police Station- P.S. Jaijaipur, Distt. Sakti
(C.G.)
                                                                   ... Respondent(s)

Order Sheet

28/03/2025 Shri Manoj Sinha,counsel for the appellant.

Ms. Sunita Sahu, PL for the State. Heard on I.A. No. 01, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the impugned judgment of conviction and order of sentence

SUGUNA DUBEY DUBEY Date:

2025.03.30 12:01:06 +0530 dated 21.01.2025 passed by the learned Additional Sessions Judge, Fast Track Court, Sakti, District Janjgir-Champa (CG)

in Special POCSO ST No. 03/2021 as under:

         Conviction                       Sentence
Under Section 354-B         RI for 7 years and fine of Rs.
IPC                         5,000/-, in default of fine to
                            further undergo RI for 6 months
Under Section10 of the      RI for 7 years and fine of Rs.
POCSO, Act                  5,000/- in default of fine to further
                            undergo RI for 6 months

Prosecution case in brief is that a written report was lodged at police sttion Jaijaipur alleging that the appellant who is a neighbour had took the victim aged about 11 years, to his house on the pretext of giving chocolate and unclothed her and made an attempt to outrage her modesty It has been argued by counsel for the appellant that there are several discrepancies in the statement of the victim and the trial court has failed to see that the statements adduced by the prosecution witnesses are contradictory to each other. He submits that there is no finding with regard to the proof of age. Lastly, he submits that the appellant is in jail since 28.04.2024 and the appeal is likely to take some time for its conclusion, hence the appellant has filed the instant application for suspension of sentence and grant of bail.

Parents of the victim were present and they have raised objection for grant of bail to the appellant.

Learned counsel for the State/respondent has objected the bail application and submits that the offence has been committed by the appellant on the minor victim and the learned trial court after appreciating the evidence

available on record, came to the conclusion regarding guilt of the accused/appellant, which is just and proper.

Heard learned counsel for the parties and perused the records.

Considering the facts and circumstances of the case and the evidence lead by the prosecution, it transpires that the appellant has made an attempt to outrage the modesty of the minor victim, therefore I am not inclined to allow the application for suspension of sentence and grant of bail to the appellant at this stage. Accordingly, I.A. No.01, stands rejected.

List this appeal for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge