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2024 Supreme(Chh) 353

RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Patiram Chandrawanshi, S/o. Shri Beerbal @ Deerbal Chandrawanshi – Appellant
Versus
State of Chhattisgarh, Through the Station House Officer, Police Station Bortalab, Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant : Mr. Vivek Bhakta.
For the Respondent: Mr. Shreyansh Agrawal, Panel Lawyer.

JUDGMENT :

Ramesh Sinha, C.J.

1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 13.09.2022 passed by the learned Additional Sessions Judge, Dongargarh, District- Rajnandgaon in Sessions Trials No.16/2019 (CNR No. CGRN09-000375-2019), whereby the trial Court has convicted the appellant under Section 6 of the Protection of Children from the Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to undergo rigorous imprisonment for 20 years with fine of Rs.1,000/-, in default of payment of fine, additional rigorous imprisonment for 03 months.

2. Case of the prosecution, in brief, is that the father of the victim had lodged a written report in Police Station Bortalab alleging therein that on 30.10.2019, they were in the house of relatives in village Karutola, at that time, the victim along with her sister were present in the house. The appellant came to their home at 19.00 O’clock and on knowing that their parents are out of village, locked the door from inside and committed forceful rape with the prosecutrix, who was minor at the time of incident. Thereafter, the

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