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2024 Supreme(Chh) 130

RAVINDRA KUMAR AGRAWAL
Ashwani Kumar @ Bablu Chouhan, S/o. Tilakram Chouhan – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Dipka, Dist. Korba – Respondent


Advocates Appeared:
For the Appellant : Mr. Govind Ram Miri, Sr. Adv. with Mr. Basant Kaiwartya, Adv.
For the Respondent: Ms. Prabha Sharma, Panel Lawyer.

JUDGMENT :

1. This appeal arise out of the judgment of conviction and order of sentence dated 18-04-2019 passed by the Special Judge (POCSO Act), Katghora, in Special Criminal (POCSO) Case No.09/2018 whereby the appellant has been convicted and sentenced in the following manner with a direction to run all the substantive jail sentences concurrently :-

Conviction

Sentence

U/s 450 of the IPC

R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine, additional R.I. for two months

Under Section 4 of POCSO Act

R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine, additional R.I. for two months.

2. Brief facts of the case are that, the prosecutrix (PW-1) has lodged a written report to the Police Station Dipka on 04-03-2018 against the appellant with the allegation that in the intervening night of 03-03-2018 and 04-03-2018 at about 1:00 a.m. when she had gone to bathroom situated at the courtyard, the appellant jumped inside from the boundary wall, caught her hold from backside, laid her down on the ground and committed rape upon her after removing her clothes. At that time she shouted, then her mother came there and then the app

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