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HIGH COURT OF CHHATTISGARH
Rajani Dubey, Sanjay Kumar Jaiswal, JJ
SANTOSH KUMAR SURYAVANSHI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CAV Judgment
Per Rajani Dubey, Judge
1. This appeal under Section 374(2) of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 24.01.2020 passed by the learned Additional Sessions Judge/First FTC (POCSO), Bilaspur, District- Bilaspur (C.G.) in Special Sessions Trial No. 92/2018 whereby the appellant stands convicted for the offence punishable under Sections 506-II, 376(2)(f) of IPC and Section 5(n)/06 of POCSO Act. However, keeping in view the provisions of Section 42 of the POCSO Act, he has been sentenced as under:-
| Sentence | Conviction |
| Under Section 506- II of IPC | R.I. for 3 years and fine of Rs.1,000/-, in default of payment of fine, additional R.I. for 1 year |
| Under Section 376(2)(f) of IPC | Life imprisonment and fine of Rs.2,000/-, in default of payment of fine, additional R.I. for 3 years (All sentences to run concurrently) |
2. Case of the prosecution is that on 17.07.2018 at about 4:00 P.M., when the prosecutrix was about to go to her aunt's house from her house to have meal then at that time present appellant (father of prosecutrix) came in an inebriated condition to his house and asked the prosecutrix to remove the items from cycle a
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