ORDER :

Leave granted.

1. The challenge herein is to the order dated 09.11.2021, whereby the High Court of Chhattisgarh at Bilaspur has declined the prayer for suspension of execution of sentence during the pendency of Criminal Appeal No. 1219 of 2021.

2. The appeal aforesaid has been filed by the petitioner-appellant against the judgment and order dated 24.09.2021 passed by the Additional Sessions Judge (F.T.C.), Manendragarh, District Koriya, Chhattisgarh in Special Criminal Case No. 15 of 2019.

3. The substance of the accusation against the appellant had been that he kidnapped the 9-year-old victim from the custody of her legal guardian and with intention to outrage her modesty, used criminal force and with sexual intention, held her hand so as to forcefully take her to a place away from road. It had been the prosecution’s case that the victim got released her hand and ran while shouting. The Trial Court found the appellant guilty and after recording conviction awarded sentences as follows: -