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J. B. PARDIWALA, R. MAHADEVAN
Thadiyus Tirki – Appellant
Versus
State of M. P. (Now Chhattisgarh) – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and trial background. (Para 1 , 2 , 4) |
| 2. trial court's conviction details and evidence. (Para 3 , 5) |
| 3. court's decision on appeal and sentencing. (Para 6) |
| 4. final orders and conclusion of the appeal. (Para 8 , 9) |
ORDER :
1. This appeal arises from a common judgment and order passed by the High Court of Chhattisgarh at Bilaspur dated 22.11.2012 by which the Criminal Appeal No.476 of 1996 preferred by the appellant herein against the judgment and order of the conviction passed by the trial court holding him guilty of the offence punishable under Section 458 of the INDIAN PENAL CODE , 1860 ("IPC") came to be affirmed.
2. It appears that the appellant herein and four other co-accused were put to trial in the Court of the Additional Sessions Judge, Jashpur Nagar, District Raipur, Madhya Pradesh on the charge of having committed offences punishable under Sections 458 , 363, 366, 307 & 376 read with Section 34 of the IPC. The Trial Court acquitted two of the co-accused while convicted the other three co-accused.
3. The operative part of the order passed by the Trial Court reads thus:
Conviction under Sections 366 and 447 upheld; conviction under Section 366A set aside due to lack of evidence supporting essential elements.
The conviction for rape under Section 376 IPC and under Section 3(1)(xii) of the SC & ST Act was not upheld due to lack of evidence; however, conviction for house trespass under Section 454 IPC was a....
A minor cannot consent to sexual acts, and the court confirmed that the accused could not be convicted without substantive evidence against each individual, resulting in varied sentences for two accu....
The conviction for abduction and intimidation was upheld despite the victim's lack of support for the prosecution, with the court emphasizing the need for corroborative evidence in sexual offence cas....
The court upheld the conviction under Sections 451 and 354 IPC, emphasizing the credibility of witness testimonies and reducing the sentence for Section 354 from two years to one year R.I.
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