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2023 Supreme(Chh) 275

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Gagan @ Kariya Manhar S/o Hiralal Manhar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Goutam Khetrapal.
For the Respondent: Praveen Shrivastava.

JUDGMENT :

DEEPAK KUMAR TIWARI, J.

1. This Appeal is directed against the judgment of conviction and order of sentence dated 30.9.2021 passed by the learned Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur in Special Criminal Case (POCSO Act) No. 114/2018 whereby the learned Additional Sessions Judge has convicted and sentenced the appellant as under:

Conviction

Sentence

Under Section 363 IPC

RI for 7 years, fine of Rs. 1,000/- in default, 4 months additional imprisonment

Under Section 366 IPC

RI for 10 years, fine of Rs. 1,000/- in default, 6 months additional imprisonment

Under Section 4 of the Protection of Children from Sexual Offences Act, 2012

Imprisonment for life, fine of Rs. 2,000/- in default, 6 months additional imprisonment.

2. Prosecution case, in brief, is that father of the prosecutrix has lodged a report with the PS Masturi on 20.7.2018 alleging that his minor daughter aged about 16 years 8 months is studying in Class-10 at Government Girls High School, Masturi. On 19.7.2018, at 9 a.m. the prosecutrix left fo

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