Sukhram S/o Laxminath Poyam vs State Of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Chh) 391

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Sukhram S/o Laxminath Poyam – Appellant
Versus
State Of Chhattisgarh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Shri Ashok Kumar Varma and Shri Gajendra Sahu, Adv.
For the Respondent:Shri Sudeep Verma, Deputy Govt. Advocate.

JUDGMENT :

Deepak Kumar Tiwari, J

1. By this Appeal under Section 374 (2) of the CrPC, the appellant herein calls in question the legality, validity and correctness of the impugned judgment dated 4.5.2016 passed by the Special Judge (POCSO Act, 2012), Kondagaon in Special Sessions Case No.46/2013 whereby the appellant has been convicted and sentenced as under:-

Conviction	Sentence
Section 366 of the IPC	10 years RI with fine of Rs.500/-
Section 376 of the IPC	Imprisonment for life
Section 342 of the IPC	RI for one year with fine of Rs.500/-
Section 506 (Part-2) of the IPC	RI for 7 years with fine of Rs.500/-
Section 4 of the POCSO Act, 2012	Imprisonment for life with fine of Rs.500/- with usual default stipulations.

2. Case of the prosecution, in brief, is that on 11.12.2012 around 8 pm when the prosecutrix (PW-5), aged about 14 years, went near the Badi for urination, the appellant pressed her mouth, threatened to kill her and took her forcibly to his uncle’s house and gave her water mixed with some sedative and thereafter committed sexual

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2022 Supreme(Chh) 391

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARISukhram S/o Laxminath Poyam – AppellantVersusState Of Chhattisgarh – Respondent

Cases Referred (10)

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Sukhram S/o Laxminath Poyam – Appellant
Versus
State Of Chhattisgarh – Respondent