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HIGH COURT OF CHHATTISGARH
Shri Justice Sanjay Kumar Jaiswal, J
SANJAY – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
C A V Judgment
1. This appeal is directed against the judgment dated 15.11.2022 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur in Special Sessions Trial (POCSO) Case No. 46 of 2018 (C.G) whereby the learned sessions Judge while acquitting the accused/appellant u/s 506 (ii) IPC found that the charges u/s 363 & 366 IPC are proved, however, it converted section 376(2)(J) into section 376(1). The trial Court also held the appellant guilty u/s 4 of the POCSO Act and accordingly, the appellant has been convicted and sentenced as under :
| U/s 363 IPC | : | RI for 5 years and fine of Rs.500/-, in default of payment of fine, Additional imprisonment of 1 month |
| U/s 366 IPC | : | RI for 5 years and fine of Rs.500, in default of payment of fine, additional imprisonment of 1 month |
| U/s 376(1) IPC 1860 | : | RI for 10 years and fine of Rs.10,000/-, in default of payment of fine, additional imprisonment of 2 months. |
| U/s 4 of POCSO Act, 2012 | : | As per section 42 of the POCSO Act, where the offence is established under the provision of POCSO or IPC, then the accused shall be liable for punishment which is higher in quantum, accordingly punishment under Se |
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