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B. V. NAGARATHNA, K. V. VISWANATHAN
Shivkumar @ Baleshwar Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. challenge to prior conviction based on facts. (Para 2 , 4 , 5) |
| 2. witness testimony confirming abduction and abuse. (Para 7 , 8 , 13) |
| 3. court's reasoning validates conviction. (Para 19 , 25) |
| 4. application of sc/st act based on prior knowledge. (Para 20 , 21) |
| 5. final ruling affirms no interference in conviction. (Para 23 , 24 , 26) |
JUDGMENT :
K.V. Viswanathan, J.
1. Leave granted.
2. The present appeal calls in question the correctness of the judgment dated 16.06.2023 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.9/2020. By the said judgment, the High Court confirmed the conviction and sentence as imposed on the appellant by the Special Judge (SC/ST Act), Surajpur, District Surajpur, Chhattisgarh in Session Case No.33/2018. The Trial Court, by its judgment dated 22.10.2019, convicted the appellant for offences punishable under Sections 3 63 , 366, 506 and 376 of the INDIAN PENAL CODE , 1860 (for short the “IPC”), Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short the “POCSO”) and Section 3 (2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the “SC/ST Act”),
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