RAMESH SINHA, N. K. CHANDRAVANSHI
Birju Nayak S/o Panchram Nayak – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
N.K. Chandravanshi, J.
1. Since above two criminal appeals arise out of same judgment of conviction and order of sentence relating to same crime number, they are heard together and being disposed of by this common judgment.
2. These criminal appeals under Section 374(2) of Cr.P.C. are directed by the appellants against the impugned judgment of conviction and order of sentence dated 27-5-2022, passed by learned Special Judge (Protection of Children from Sexual Offences Act, 2012), Mahasamund in Special Criminal Case No. H-18/2020, whereby the appellants-accused have been convicted for offence under Section 363, 366, 376D of the Indian Penal Code, (in short, hereinafter referred to as ‘the IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, hereinafter referred to as ‘POCSO Act’) and each of them has been sentenced as under :-
| Offence u/S. | Sentence | Fine sentence | Default stipulation |
| 363, IPC | 5 years RI | Rs. 1,000/- | 1 month RI |
| 366, IPC | 7 years RI | Rs. 2,000/- | 2 months RI |
| 6, POCSO Act | 20 years RI | Rs. |
Birad Mal Singhvi Vs. Anand Purohit[(1997) 4 SCC 24
Babloo Pasi v. State of Jharkhand and another [(2008) 13 SCC 133
Chuthuram VS. State of Chhattisgarh [(2020) 10 SCC 733]
M.P. Sharma v. Satish Chandra [AIR 1954 SC 300 : 1954 Cri LJ 865]
Meesala Ramakrishan v. State of A.P. [(1994) 4 SCC 182 : 1994 SCC (Cri) 838]
Ramkishan Mithanlal Sharma v. State of Bombay
Sunil v. State of Haryana [(2010) 1 SCC 742]
State of Rajasthan Vs. Darshan Singh alias Darshan Lal [(2012) 5 SCC 789
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