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2023 Supreme(Chh) 279

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Amit Mishra S/o Koushal Prasad Mishra – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rishi Rahul Soni.
For the Respondents: Ali Asgar, Ashish Tiwari.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal preferred at the instance of the appellant herein under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 24/11/2015 passed by learned Additional Sessions Judge (FTC), Bilaspur in Special Sessions Trial No. 129/2014 whereby the appellant has been convicted for offence punishable under Section 376 of IPC read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as ‘the Act of 2012’) and he has been sentenced to undergo life imprisonment with fine of Rs. 20,000/- and in default of payment of fine, additional R.I. for 1 year.

2. Case of the prosecution, in brief, is that on 08/04/2014, the appellant herein sexually assaulted the victim, aged about 9 years, and thereby, committed the aforesaid offence.

3. Further case of the prosecution is that on 08/04/2014 at about 1 PM, victim had gone to the shop of the appellant to buy some eatables, however, when she did not return after about half an hour, her mother (PW-2) went to appellant’s shop and upon hearing her, victim came out from the courtyard of the appellant. When victim’s mother (PW-2) asked about her whereabouts, s

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