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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Pankaj Ram S/o Jeetan Ram – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of appeal and facts surrounding the incident. (Para 1) |
| 2. appellant's argument regarding false implication and lack of involvement. (Para 2) |
| 3. state's support for conviction and burden of proof. (Para 3 , 4) |
| 4. core issue of appellant's knowledge and actions regarding the concealment. (Para 5 , 11) |
| 5. analysis of evidence and witness testimonies. (Para 6 , 12 , 13 , 14 , 15 , 16) |
| 6. legal interpretation of section 368 ipc and proof requirements. (Para 17 , 18 , 19 , 20) |
| 7. final judgment and acquittal of the appellant. (Para 21 , 22) |
JUDGMENT :
BIBHU DATTA GURU, J.
1. This appeal is directed against the conviction and sentence imposed on the appellant under Section 368 of the Indian Penal Code, as recorded in the judgment dated 09/02/2016 by the learned Additional Sessions Judge (FTC), District Jashpur (C.G.) in Sessions Trial No. 64/2015. By the impugned judgment of conviction and order of sentence, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/-, with a default stipulation. In the present case, there were two accused persons, out of them, one accused is juvenile and hence, he was tried sep
To convict under Section 368 IPC, the prosecution must prove the accused's knowledge of the kidnapping and intentional participation in concealing the victim.
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The prosecution must prove beyond a reasonable doubt that the accused kidnapped the victim with the intent to compel her to marry or to seduce her to illicit intercourse, and mere allegations without....
The court upheld the conviction for abduction and rape, emphasizing the credibility of the prosecutrix despite conflicting evidence.
The main legal point established is the requirement for the victim's testimony to inspire confidence and be trustworthy in cases of sexual assault, and the need for corroborating evidence to affirm c....
The reliability of the prosecutrix's testimony and the application of the POCSO Act provisions in determining the appropriate sentence were the central legal points established in the judgment.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The age of the prosecutrix is critical in rape cases; if she is below 16, consent is irrelevant, establishing the accused's guilt under Sections 363 and 376 RPC.
The conviction of a child in conflict with law under POCSO Act was upheld based on consistent witness testimonies and medical evidence; the presumptive guilt clause under POCSO aids prosecution. Sent....
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