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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Manoj Bidika S/o Kamesh Bidika – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. This criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant against impugned judgment dated 19/01/2016 passed by learned Additional Sessions Judge (FTC), Bilaspur in Special Sessions Trial No. 404/2014 whereby he has been convicted and sentenced as under with a direction to run all the sentences concurrently:
| Conviction | Sentence |
| U/s 376 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 | Imprisonment for life with fine of Rs. 20,000/- and in default of payment of fine, further R.I. for 1 year. |
| U/s 363 of IPC | R.I. for 2 years with fine of Rs. 1000/- and in default of payment of fine, further R.I. for 6 months. |
| U/s 366 of IPC | R.I. for 7 years with fine of Rs. 1000/- and in default of payment of fine, further R.I. for 6 months. |
2. Case of the prosecution, in a nutshell, is that on 19/09/2014, the appellant herein abducted minor victim, aged about 13 years, from her legal guardianship and on the pretext of getting married, committed sexual intercourse
Rape of minor girl – Merely because victim was a member of scheduled tribe community, it cannot be assumed that appellant was able to dominate her will to exploit her sexually.
Appellate court imposing statutory minimum sentence below which trial court erred is not enhancement but mandatory correction; valid under CrPC Section 386 for POCSO Section 6 and IPC 376(2)(n) convi....
The court emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, de....
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