Deepak Kumar Diwan S/o Shri Ramdayal Diwan vs State of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Chh) 113

ARVIND SINGH CHANDEL
Deepak Kumar Diwan S/o Shri Ramdayal Diwan – Appellant
Versus
State of Chhattisgarh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Shri Sachin Singh Rajput.
For the Respondent: Shri Ghanshyam Patel.

JUDGMENT :

ARVIND SINGH CHANDEL, J.

1. This appeal has been preferred against judgment dated 30.8.2014 passed by the Additional Sessions Judge, Gariyaband in Sessions Trial No. 48 of 2013, whereby the Appellant has been convicted and sentenced as under:

Conviction	Sentence
Under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (henceforth ‘the Pocso Act’)	Rigorous Imprisonment for 10 years and fine of Rs. 1000/- with default stipulation
Under Section 6 of the Pocso Act	Rigorous Imprisonment for 10 years and fine of Rs. 1000/- with default stipulation

2. Facts of the case, in short, are that at the time of alleged offence, the victim (PW-7) was a deaf, dumb and mentally retarded girl of age of about 16 years. According to the entries of kotwari register (Article 1/Ex.P1C), her date of birth is 7.2.1997. According to the case of prosecution, on 1.9.2013, she went to attend a religious program along with her mother Bhagwati (PW-6) at Nayapara. At about 10 p.m. she told her mother by hints that she was going to attend the cal

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2021 Supreme(Chh) 113

ARVIND SINGH CHANDELDeepak Kumar Diwan S/o Shri Ramdayal Diwan – AppellantVersusState of Chhattisgarh – Respondent

ARVIND SINGH CHANDEL
Deepak Kumar Diwan S/o Shri Ramdayal Diwan – Appellant
Versus
State of Chhattisgarh – Respondent