Back
IN THE HIGH COURT OF CHHATTISGARH
Shri Justice Sanjay K. Agrawal, J
Baldau Nishad – Appellant
Versus
The State of Chhattisgarh – Respondent
Judgment :
(Sanjay K. Agrawal, J.)
1. Assail in the present criminal appeal filed under Section 374(2) of the CrPC preferred by the sole appellant-accused, is to the legality, validity and correctness of the judgment dated 28.08.2023 passed by the Additional Sessions Judge, F.T.C. (POCSO) Bemetara, District Bemetara, Chhattisgarh, in Sessions Trial No. 18/2023 by which the appellant herein has been convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 354A of the IPC | Rigorous imprisonment for 2 years with fine of Rs. 500/-; in default of payment of fine amount to undergo additional rigorous imprisonment for two months. |
| Under Section 354 of the IPC | Rigorous imprisonment for 2 years with fine of Rs. 500/-; in default of payment of fine amount to undergo additional rigorous imprisonment for two months. |
| Under Section 8 of the POCSO Act | Rigorous imprisonment for 4 years with fine of Rs. 500/-; in default of payment of fine amount to undergo additional rigorous imprisonment for two months. |
| Under Section 12 of the POCSO Act | Rigorous imprisonment for 2 years with fine of Rs. 500/-; in default of payment of fine amount to undergo additional rigorous imprisonment for two months. |
All the se
The court ruled that under Section 42 of the POCSO Act, the appellant should only be punished under the provision providing the greater penalty, affirming the conviction but modifying the sentence.
The minimum punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act was 10 years at the time of the offence, necessitating a modification of the appellant's sentence fro....
The court ruled that a defendant cannot receive separate sentences for identical acts under different statutes, affirming conviction for one count while reducing the life sentence to 10 years based o....
Rape of minor girl – When alleged acts or omissions constitute offence both under IPC and POCSO Act then, law which prescribes punishment of greater degree would have to be applied – Fields of operat....
The appellate court upheld the trial court's discretion in sentencing, affirming that minimal sentences for stalking and sexual harassment did not warrant enhancement without strong justification.
The minimum sentence for aggravated penetrative sexual assault under the POCSO Act was 10 years at the time of the offence, which must be adhered to despite subsequent amendments increasing the minim....
(1) Any act of sexual assault or sexual harassment to children should be viewed very seriously.(2) Child needs extra protection – No leniency can be shown to an accused who has committed offences und....
The Court found that the conviction for aggravated sexual assault under Section 9(m) should be rectified to aggravated penetrative sexual assault under Section 5(m), reflecting the severity of the cr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
